NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have (2021)

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

Title 21 Amendments

§ 1. Title of code

This title shall be known and may be cited as the Criminal Code of Cherokee Nation.

§ 2. Criminal acts are only those prescribed—"This code" defined

No act or omission shall be deemed criminal or punishable except as prescribed or authorized by

this code. The words "this code" as used in the "penal code" shall be construed to mean "Cherokee

Nation Code Annotated."

§ 3. Crime and public offense defined

A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon

conviction, any of the following punishments:

1. Imprisonment;

2. Fine;

3. Removal from office;

4. Disqualification to hold and enjoy any office of honor, trust, or profit, under this Nation;

5. Restitution;

6. Community service; or

7. Victim compensation assessment.

§ 4. Crimes classified

All crimes or offenses are divided into:

1. Felonies;

2. Misdemeanors.

§ 5. Felony defined

A felony is a crime which is, or may be, punishable by imprisonment for more than one year.

§ 6. Misdemeanor defined

Every other crime that is not a felony is a misdemeanor.

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§ 7. Objects of criminal code

This title specifies the classes of persons who are deemed capable of committing crimes, and who

are liable to punishment therefor; and defines the nature of the various crimes and prescribes the

kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting

criminals is regulated by the Code of Criminal Procedure, Title 22 of the Cherokee Nation Code

Annotated.

§ 8. Conviction must precede punishment

The punishments prescribed by this title can be inflicted only upon a legal conviction in a court

having jurisdiction.

§ 9. Indian defined

For the purposes of criminal prosecution and juvenile delinquency under the laws of the Cherokee

Nation, the term “Indian” includes:

A. Any person who is a citizen of the Cherokee Nation;

B. Any person who is a citizen or member of any other federally recognized Indian tribe,

including Alaska Native entities;

C. Any person who is eligible to become a member of any federally recognized Indian tribe;

and

D. Any person who would be considered an “Indian” for the purposes of federal criminal

prosecution under 18 U.S.C. § 1152 and/or 18 U.S.C. § 1153.

§ 10. Punishment of crimes

Except in cases where a different punishment is prescribed by this title or by some existing

provisions of law, every offense declared to be a crime is punishable by the maximum punishment

provided for by the Indian Civil Rights Act, 25 U.S.C. § 1302(a)(7). Provided that, for any

conviction of an offense classified as a misdemeanor, the Court may not impose any penalty or

punishment greater than imprisonment for a term of one (1) year or a fine of Five Thousand Dollars

($5,000.00) or both; for felonies and other crimes the Court may subject a defendant to a term of

imprisonment greater than one (1) year but not to exceed three (3) years for any one (1) offense,

or a fine greater than Five Thousand Dollars ($5,000.00) but not to exceed Fifteen Thousand

Dollars ($15,000.00), or both, if the defendant is a person accused of a criminal offense who (a)

has been previously convicted of the same or a comparable offense by any jurisdiction in the

United States; or (b) is being prosecuted for an offense comparable to an offense that would be

punishable by more than one (1) year of imprisonment if prosecuted by the United States or any

of the states.

§ 10a. Punishment of crimes concerning public officials, appointed officials or department

heads

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Any elected official, appointed official or department head who is convicted of a crime concerning

bribery, embezzlement, fraud, perjury, or forgery or larceny may in addition to the punishments

provided under this title, be subject to the punishment of disqualification from employment with

Cherokee Nation.

§ 11. Specific statutes in other titles as governing—Acts punishable in different ways—Acts

not otherwise punishable by imprisonment

A. If there be in any other titles of the laws of this Nation a provision making any specific act or

omission criminal and providing the punishment therefor, and there be in this penal code any

provision or section making the same act or omission a criminal offense or prescribing the

punishment therefor, that offense and the punishment thereof, shall be governed by the special

provisions made in relation thereto, and not by the provisions of this penal code. But an act or

omission which is made punishable in different ways by different provisions of this code may be

punished under any of such provisions, the punishments therein prescribed are substituted for those

prescribed for a first offense, but in no case can it be punished under more than one section of law;

and an acquittal or conviction and sentence under any one section of law, bars the prosecution for

the same act or omission under any other section of law.

B. Provided, however, notwithstanding any provision of law to the contrary, any offense, including

traffic offenses, in violation of the laws of this Nation which is not otherwise punishable by a term

of imprisonment or confinement shall be punishable by a term of imprisonment not to exceed one

day in the discretion of the Court, in addition to any fine prescribed by law.

§ 12. Reserved

§ 13. Uniform Reporting System

For purposes of any crime specified by the criminal code of this title or any provision of the law

in the Cherokee Nation, all criminal and juvenile justice information systems shall adopt and use

the uniform reporting standard created and published by the Oklahoma State Bureau of

Investigation as provided by Section 1517 of Title 22 of the Oklahoma Statutes. The uniform

reporting standard shall ensure the accurate reporting of all criminal and juvenile delinquency

information relating to arrests, charges, custody records, dispositions, and any other information

record purporting to identify a criminal or juvenile delinquency history record or information to be

maintained by any criminal or juvenile justice information system within the Cherokee Nation. The

courts, any criminal justice department, and juvenile delinquency department of the Cherokee

Nation is hereby directed to comply with and use the uniform reporting standard for reporting and

maintaining all criminal justice information systems as set forth in this section.

§ 14. Sentencing Authority

A. The Cherokee Nation has authority pursuant to the “Tribal Law and Order Act of 2010”,

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Pub.L. 111–211, Title II, July 29, 2010, 124 Stat. 2261 and 25 U.S.C. § 1302 to subject a

person convicted of a crime punishable by the laws of the Cherokee Nation to a term of

imprisonment not to exceed three (3) years for any single offense and a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), or both.

B. The Cherokee Nation may impose upon a convicted person a total penalty or punishment of

imprisonment for not more than nine (9) years in a criminal proceeding.

C. For the purposes of this section, the term “offense” means a violation of a criminal law.

D. For the purposes of this section, the term “criminal proceeding” means a prosecution for a

single offense or a series of offenses that are part of a continuing transaction that may

constitute separate offenses, but that are closely related in time.

E. If a defendant is convicted in a criminal proceeding for more than one offense where the

total punishment upon conviction would be more than nine (9) years, the sentencing judge

shall at the time of sentencing order that some or all of the sentences be served concurrently

so that a term of imprisonment is not entered where the defendant would be subjected to

imprisonment for a term of more than nine (9) years.

§§ 15-20. Reserved

CHAPTER 2

GENERAL PROVISIONS

§ 21. Prohibited act a misdemeanor, unless stated otherwise

Where the performance of an act is prohibited by any statute, and no penalty for the violation of

such statute is imposed in any statute, the doing of such act is a misdemeanor, unless the defendant

is a person accused of a criminal offense who (a) has been previously convicted of the same or a

comparable offense by any jurisdiction in the United States; or (b) is being prosecuted for an

offense comparable to an offense that would be punishable by more than one (1) year of

imprisonment if prosecuted by the United States or any of the states.

§ 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency—

Injurious acts not expressly forbidden

Every person who willfully and wrongfully commits any act which grossly injures the person or

property of another, or which grossly disturbs the public peace or health, or which openly outrages

public decency, and is injurious to public morals, although no punishment is expressly prescribed

therefor by this code, is guilty of a crime.

§ 23. Acts punishable under foreign laws

An act or omission declared punishable by this title is not less so because it is also punishable

under the laws of another Indian tribe, a state, the United States, or another government or country,

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unless the contrary is expressly declared in this title.

§ 24. Reserved

§ 25. Foreign conviction or acquittal

Whenever it appears upon the trial that the accused has already been acquitted or convicted upon

any criminal prosecution under the laws of a state, another government or country, founded upon

the act or omission in respect to which he is upon trial, this is a sufficient defense.

§ 26. Contempts, criminal acts which are also punishable as

A criminal act is not the less punishable as a crime because it is also declared to be punishable as

a contempt.

§ 27. Mitigation of punishment

Where it is made to appear at the time of passing sentence upon a person convicted, that such

person has already paid a fine or suffered an imprisonment for the act which he stands convicted,

under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the

punishment to be imposed, in its discretion.

§ 28. Aiding in a crime

Whenever an act is declared a crime, and no punishment for counseling or aiding in the

commission of such act is expressly prescribed by law, every person who counsels or aids another

in the commission of such act, is guilty of a crime, and punishable in the same manner as the

principal offender.

§ 29. Sending letter—When complete—Place of prosecution

In the various cases in which the sending of a letter is made criminal by this title, the offense is

deemed complete from the time when such letter is deposited in any post office or any other place,

or delivered to any person with intent that it shall be forwarded. And the party may be charged and

tried in the courts of the Cherokee Nation.

§ 30. Failure to perform duty

No person is punishable for an omission to perform an act, where such act has been performed by

another person acting in his behalf, and competent by law to perform it.

§§ 31-40. Reserved

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amendments available at: https://cherokee.legistar.com/Legislation.aspx

ATTEMPTS

§ 41. Conviction for attempt not permitted where crime is perpetrated

No person can be convicted of an attempt to commit a crime when it appears that the crime

intended or attempted was perpetrated by such person in pursuance of such attempt.

§ 42. Attempts to commit crimes—Punishment

Every person who attempts to commit any crime, and in such attempt does any act toward the

commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is

punishable, where no provision is made by law for the punishment of such attempt, as follows:

1. Except in cases where a different punishment is prescribed by law, the punishment for

attempt shall be a misdemeanor unless the attempt is to commit a felony.

2. Attempt to commit a felony shall be a felony and is punishable by payment of a fine not

more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a period not

exceeding three (3) years, or by both such fine and imprisonment.

§ 43. Unsuccessful attempt—Another crime committed

The last two sections do not protect a person who in attempting unsuccessfully to commit a crime,

accomplishes the commission of another and different crime, whether greater or less in guilt, from

suffering the punishment prescribed by law for the crime committed.

§ 44. Attempt defined

A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise

required for commission of the crime, he:

1. purposely engages in conduct which would constitute the crime if the attendant circumstances

were as he believes them to be; or

2. when causing a particular result in an element of the crime, does anything with the purpose of

causing or with the belief that it will cause such result, without further conduct on his part.

§§ 45-50. Reserved

§ 51. Offense of Habitual Criminal and Punishment

A. It shall be unlawful for any person to commit a felony in the Cherokee Nation after said person

has been convicted within the preceding ten (10) years in the Cherokee Nation, in another

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federally recognized Indian tribe, or in any state of the United States, or by the federal government

of any prior felony offense.

B. Any person found guilty of violating subsection A of this section shall upon conviction be guilty

of a felony and punished by imprisonment for not more than three (3) years, or by a fine of not

exceeding Ten Thousand Dollars ($10,000.00), or by both fine and imprisonment

C. The purpose of this section is to enhance the punishment for convicted felons who continue to

commit felony offenses and shall be liberally construed in support of that purpose. A person may

be convicted of the provisions of this section and for committing the underlying crime without the

offenses merging.

§ 52. Reserved

§ 53. Attempt to conceal death of child—Punishment on subsequent conviction

Every person who, having endeavored to conceal the live birth of an child, or the death of any

such child under the age of two (2) years, is guilty of a crime.

§ 54-60. Reserved

SENTENCE AND IMPRISONMENT

§ 61. Sentences to be served in order received by penal institution—Concurrent sentences

When any person is convicted of two or more crimes in the same proceeding or court or in different

proceedings or courts, and the judgment and sentence for each conviction arrives at a penal

institution on different dates, the sentence which is first received at the institution shall commence

and be followed by those sentences which are subsequently received at the institution, in the order

in which they are received by the institution, regardless of the order in which the judgments and

sentences were rendered by the respective courts, unless a judgment and sentence provides that it

is to run concurrently with another judgment and sentence.

§ 62. Sentences to run concurrent with federal or state court sentence

When a defendant is sentenced in a Cherokee Nation Court and is also under sentence from a

federal court or a state court, the Court may direct that custody of the defendant be relinquished to

the federal or state authorities and that such Nation Court sentence as is imposed may run

concurrently with the federal or state sentence imposed.

§ 63. Suspended sentence—Revocation—Relinquishment of custody

When a defendant has receied a suspended sentence from a Cherokee Nation Court and is also

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under sentence from a federal court or a state court, the Court may revoke the suspended sentence

and direct that custody of the defendant be relinquished to the federal or the state's authorities and

that the sentence may run concurrently with the federal or the state's sentence which has been

imposed.

§ 64. Imposition of fine in addition to imprisonment

A. Upon a conviction for any misdemeanor punishable by imprisonment, in relation to which no fine

is prescribed by law, the court or a jury may impose a fine on the offender not exceeding One

Thousand Dollars ($1,000.00) in addition to the imprisonment prescribed.

B. Upon a conviction for any felony punishable by imprisonment, in relation to which no fine is

prescribed by law, the court or a jury may impose a fine on the offender not exceeding Fifteen

Thousand Dollars ($15,000.00) in addition to the imprisonment prescribed.

§ 65. Civil rights suspended

A sentence of imprisonment suspends all the civil rights of the person so sentenced, except the

right to make employment contracts, during confinement under said sentence, subject to the

approval of the Nation's Court, when this benefits the vocational training or release preparation of

the prisoner, and forfeits all public offices.

§ 66. Person of convict protected

The person of a convict sentenced to imprisonment in the Cherokee Nation penal institution is

under the protection of the law, and any injury to his person, not authorized by law, is punishable

in the same manner as if he was not convicted or sentenced.

§ 67. Conviction does not work forfeiture

No conviction of any person for crime works any forfeiture of any property, except in the cases of

any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

§ 68. Sentence—Transfer to Bureau of Prisons

The District Court, upon the request of the Marshal or the Attorney General, may refer any person

sentenced to a term of imprisonment in the Nation to the Bureau of Prisons for transfer of he

inmate to the nearest appropriate and available Bureau of Prisons facility.

§69. Return to Cherokee Nation to complete sentence

Provided, that, after a defendant has been transferred to another jurisdiction pursuant to the

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provisions of this title, if any sentence remains to be served in the Cherokee Nation, such

defendant shall be returned by the sentencing court to the Cherokee Nation to complete his

sentence.

§§ 70-80. Reserved

PERJURY ON EXAMINATION OF PRIVILEGED WITNESS

§ 81. Testimony—Privilege of witnesses and perjury

The various sections of this title which declare that evidence obtained upon the examination of a

person as a witness shall not be received against him in any criminal proceeding, do not forbid

such evidence being proved against such person upon any proceedings founded upon a charge of

perjury committed in such examination.

DEFINITIONS

§ 91. Terms to have meanings specified unless different meaning appears

Wherever the terms mentioned in the following sections are employed in this title, they are deemed

to be employed in the senses hereafter affixed to them, except where a different sense plainly

appears.

§ 92. Willfully defined

The term "willfully" when applied to the intent with which an act is done or omitted, implies

simply a purpose or willingness to commit the act or the omission referred to. It does not require

any intent to violate law, or to injure another, or to acquire any advantage.

§ 93. Negligent—Negligence

The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import

a want of such attention to the nature or probable consequences of the act or omission as a prudent

man ordinarily bestows in acting in his own concerns.

§ 94. Corruptly

The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary

or other advantage to the person guilty of the act or omission referred to.

§ 95. Malice—Maliciously

The terms "malice" and "maliciously," when so employed, import a wish to vex, annoy or injure

another person, established either by proof or presumption of law.

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 96. Knowingly

The term "knowingly," when so applied, imports only a knowledge that the facts exist which

bring the act or omission within the provisions of this code. It does not require any knowledge of

the unlawfulness of such act or omission.

§ 97. Bribe

The term "bribe" signifies any money, goods, right in action, property, thing of value or

advantage, present or prospective, or any promise or undertaking, asked, given or accepted, with

a

corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or

opinion, in any public or official capacity.

§ 98. Vessel

The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats,

and steamships, canal boats, and every structure adapted to be navigated from place to place.

§ 99. Peace officer

The term “peace officer” means any tribal law enforcement officer, sheriff, police officer, federal

or state law enforcement officer, or any other law enforcement officer whose duty it is to enforce

and preserve the public peace.

Every United States Marshal, United States Deputy Marshal, Special Agent of the Federal Bureau

of Investigation or any other federal law enforcement officer who is employed full-time as a law

enforcement officer by the federal government, who is authorized by federal law to conduct any

investigation of, and make any arrest for, any offense in violation of federal law shall have the

same authority, and be empowered to act, as peace officers within the Cherokee Nation in

rendering assistance to any law enforcement officer in an emergency, or at the request of any

officer, and to arrest any person committing any offense in violation of the laws of the Cherokee

Nation.

§ 100. Signature

The term "signature" includes any name, mark or sign, written with the intent to authenticate any

instrument or writing.

§ 101. Writing includes printing

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The term "writing" includes printing.

§ 102. Real property

The term "real property" includes every estate, interest and right in lands, tenements and

hereditaments.

§ 103. Personal property

The term "personal property" includes every description of money, goods, chattels, effects,

evidences of right in action, and written instruments by which any pecuniary obligation, right or

title to property, real or personal, is created or acknowledged, transferred, increased, defeated,

discharged or diminished.

§ 104. Property defined

The term "property" includes both real and personal property.

§ 105. Person defined

The word "person" includes corporations, as well as natural persons who are subject to the

jurisdiction of Cherokee Nation pursuant to federal law.

§ 106. Person as designating party whose property may be subject of offense

Where the term "person" is used in this Title to designate the party whose property may be the

subject of any offense, it includes this Nation, any state, other government or country which may

lawfully own any property within this Nation, and all public and private corporations or joint

associations, as well as individuals.

§ 107. Singular includes plural

The singular number includes the plural, and the plural the singular.

§ 108. Gender

Words used in the masculine gender comprehend as well the feminine and neuter.

§ 109. Present tense

Words used in the present tense include the future, but exclude the past.

§ 110. Intent to defraud

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Whenever, by any of the provisions of this title, an intent to defraud is required in order to

constitute any offense, it is sufficient if an intent appears to defraud any person, association or

body politic or corporate whatever.

OTHER REMEDIES AND PUNISHMENTS

§ 131. Civil remedies not affected

The omission to specify or affirm in this title, any liability to any damages, penalty, forfeiture or

other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or

proceeding, for any act or omission declared punishable herein, does not affect any right to recover

or enforce the same.

§ 132. Proceeding to impeach or remove

The omission to specify or affirm in this title, any ground of forfeiture of a public office or other

trust or special authority conferred by law, to impeach, remove, depose or suspend any public

officer or other person holding any trust, appointment or other special authority conferred by law,

does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect

such impeachment, removal, deposition or suspension.

FINES AND PENALTIES

§ 141. Payment into Cherokee Nation

All fines, forfeitures and pecuniary penalties prescribed as a punishment by any of the provisions

of this title, when collected, shall be paid to Cherokee Nation.

CRIME VICTIMS COMPENSATION ACT

§ 142.1. Intent of Cherokee Nation Tribal Council

It is the intent of the Cherokee Nation Council to provide a method of compensating and assisting

those persons within the Nation who are victims of criminal acts and who suffer physical or

psychological injury or death. To this end, it is the further intent of the Council to provide

compensation in the amount of expenses actually incurred as a direct result of the criminal acts of

other persons.

§§ 142.2-142.11. Reserved

§ 142.12. Authority to authorize payments

The Principal Chief shall have the authority to create any process deemed necessary through which

victim compensation payments may be expended.

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§ 142.13 Revolving Fund Established

There is hereby established a revolving fund to be designated the “Crime Victims Compensation

Revolving Fund” (“Fund”) which shall be held and administered by the Treasurer in accordance with

the purposes of this Act. The Fund shall be authorized by the Tribal Council as a continuing fund,

which shall initially receive a direct appropriation to begin the Fund and thereafter, shall receive a

direct continuing appropriation from all monies accruing to the credit of said Fund. Such monies are

hereby appropriated and may be budgeted and expended by the Treasurer for the purpose of

implementing the provisions of the Wilma P. Mankiller Victim’s Act, including the provisions set

forth in Section 142.1 et seq. of this title.

Expenditures from said fund shall be made by the Treasurer against claims filed as prescribed by

policies created pursuant to § 142.12. The fund shall be maintained as authorized by law for

investments by the Treasurer. The interest earned by any investment of monies from the fund shall

be credited to the fund for expenditure as provided by herein.

§§ 142.14-142.17. Reserved

§ 142.18. Victim compensation assessments

A. In addition to the imposition of any costs, penalties, or fines imposed pursuant to law, any person

convicted of, pleading guilty to, or agreeing to a deferred judgment procedure for a crime involving

criminally injurious conduct, be it a felony or misdemeanor offense, shall be ordered to pay a victim

compensation assessment of at least Five Dollars ($5.00), but not to exceed Fifteen Thousand Dollars

($15,000.00), for each crime for which the person was convicted, pled guilty to, or agreed to a

deferred judgement procedure for. In imposing this penalty, the Court shall consider factors such as

the severity of the crime, the prior criminal record, the expenses of the victim of the crime, and the

ability of the defendant to pay, as well as the economic impact of the victim compensation assessment

on the dependents of the defendant.

B. All monies collected pursuant to this section shall be deposited in the Victims Compensation

Revolving Fund.

§ 143.1 Intent of Cherokee Nation Tribal Council

It is the intent of the Cherokee Nation Tribal Council to secure justice and due process for victims

throughout the criminal and juvenile justice systems. To this end, the Council provides that victims

of crime shall have rights, which shall be protected by law in a manner no less vigorous than the

rights afforded to the accused.

§ 143.2. Short Title

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This act shall be known and may be cited as the “Wilma P. Mankiller Victim’s Rights Act.”

§ 143.3 Victim’s Rights—Generally

A. Victims of crime shall have the following rights:

1. To be treated with fairness and respect for the victim's safety, dignity, and privacy;

2. Upon request and whenever possible, to reasonable and timely notice of and to be

present at all proceedings involving the criminal or delinquent conduct;

3. To be heard in any proceeding involving release, plea, sentencing, or disposition;

4. To refuse an interview or other request made by the accused or any person acting on

behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel;

5. Upon request and whenever possible, to full and timely restitution;

6. To proceedings free from unreasonable delay, and a prompt conclusion of the case;

7. Upon request, to confer with the attorney for the Nation; and

8. To be informed of all rights enumerated in this section.

B. The victim, or the attorney for the Cherokee Nation Attorney General’s Office, may assert in

any jurisdiction the rights enumerated in this act and any other right afforded to the victim by

law. The court shall act promptly on such a request.

C. This act shall not be construed as a waiver of sovereign immunity and shall not create any

cause of action for compensation or damages against the Cherokee Nation, any officer,

employee, or agent of the nation, or any officer or employee of the court.

D. As used in this section, the term "victim" includes any person against whom a criminal

offense or delinquent act is committed, or any person who is directly and proximately harmed

by the commission of such offense or act. The term "victim" shall not include the accused or

any person whom the court finds would not act in the best interests of a deceased,

incompetent, minor, or incapacitated victim.

§ 143.4. Duty of the Office of Attorney General to Victims

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A. The Office of the Attorney General is directed to inform the victims and witnesses of crimes

of their rights under this Act. The following rights shall be included:

1. Upon request, to be notified and to be present at all proceedings involving the criminal

or delinquent conduct; to be heard in any proceeding involving release, plea,

sentencing, disposition, and parole; to be notified that a court proceeding to which a

victim or witness has been subpoenaed will or will not go on as scheduled in order to

save the person an unnecessary trip to court;

2. To be treated with fairness and respect for the safety, dignity and privacy of the

victim;

3. To be informed of financial assistance and other social services available to witnesses

and/or victims, including information on how to apply for any applicable assistance

and services;

4. To be informed of the procedure for applying to receive any restitution to which the

victim is entitled;

5. To be provided, whenever possible, a secure waiting area during court proceedings

that does not require close proximity to defendants and families and friends of

defendants;

6. To have any stolen or other personal property expeditiously returned by law

enforcement agencies when no longer needed as evidence. If feasible, all such

property—except weapons, currency, contraband, property subject to evidentiary

analysis, and property the ownership of which is disputed—shall be returned to the

person;

7. To have the family members of any homicide victims afforded any applicable services

under this section, whether or not the person is to be a witness in any criminal

proceeding;

8. To be informed of any plea bargain negotiations and, upon request, to confer with the

attorney for the nation;

9. To have victim impact statements filed with the court;

10. To a speedy disposition of the charges free from unwarranted delay caused by or at

the behest of the defendant or minor. In determining a date for any criminal trial or

other important criminal or juvenile justice hearing, the court shall consider the

interests of the victim of a crime to a speedy resolution of the charges under the same

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

standards that govern the right to a speedy trial for a defendant or a minor. In ruling

on any motion presented on behalf of a defendant or minor to continue a previously

established trial or other important criminal or juvenile justice hearing, the court shall

inquire into the circumstances requiring the delay and consider the interests of the

victim of a crime to a speedy resolution of the case. If a continuance is granted, the

court shall enter into the record the specific reason for the continuance and the

procedures that have been taken to avoid further delays.

B. The Attorney General’s office shall provide all victims with an official request for restitution

form. The form is to be completed and signed by the victim, and shall include all invoices,

bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss. The

victim shall provide all documentation and evidence of compensation or reimbursement from

insurance companies or agencies of this Nation, any other nation or tribal government, any

state, or the federal government received as a direct result of the crime for injury, loss of

earnings, or out-of-pocket loss. The unexcused failure or refusal of the victim to provide all

or part of the requisite information prior to the sentencing, unless disclosure is deferred by

the court, shall constitute a waiver of any grounds to appeal or seek future amendment or

alteration of the restitution order predicated on the undisclosed available information.

§143.5. Duty of Law Enforcement to Victims

Upon the preliminary investigation of a crime, it shall be the duty of the officer who interviews the

victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an

incompetent person, or the family member who receives death notification in the case of a homicide,

in writing, of their rights as a crime victim. Written notification shall consist of handing the victim a

preprinted card or brochure that, at a minimum, includes the following information:

1. A statement that reads, "As a victim of crime, you have certain rights";

2. Telephone and address information for the Office of the Attorney General; and

3. The website address where victims can access a full list of their rights, additional information,

and how to apply for victim compensation assistance.

§143.6. Victim Impact Statements

A. Each victim, or members of the immediate family of each victim, or person designated by the

victim or by family members of the victim, may present a victim impact statement either in

writing or orally at the sentencing proceeding. Any victim or representative who appears

personally at the formal sentence proceeding shall not be cross-examined by opposing

counsel; provided, however, such cross-examination shall not be prohibited in a proceeding

before a jury or a judge acting as a finder of fact. A written victim impact statement

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

introduced at a formal sentence proceeding shall not be amended by any person other than

the author, nor shall the statement be excluded in whole or in part from the court record. The

court shall allow the victim impact statement to be read into the record.

B. If a presentence investigation report is prepared, the person preparing the report shall consult

with each victim or members of the immediate family or a designee of members of the

immediate family if the victim is deceased, incapacitated or incompetent, and include any

victim impact statements in the presentence investigation report. If the individual to be

consulted cannot be located or declines to cooperate, a notation to that effect shall be

included.

C. The judge shall make available to the parties copies of any victim impact statements.

D. In any case which is plea bargained, victim impact statements shall be presented at the time

of sentencing. In determining the appropriate sentence, the court shall consider among other

factors any victim impact statements if submitted to the jury, or the judge in the event a jury

was waived.

E. Any victim impact statements submitted to the court, judge, or jury shall be considered when

deciding whether to release an individual on parole.

CHAPTER 3

PERSONS LIABLE TO PUNISHMENT

§ 151. Persons liable to punishment in Cherokee Nation

The following persons are liable to punishment under the laws of this Nation:

1. All persons who commit, in whole or in part, any crime within the Cherokee Nation.

2. All persons who commit theft out of this Nation, and bring, or are found with the property stolen,

in the Cherokee Nation.

3. All persons who, being out of the Cherokee Nation, abduct or kidnap, by force or fraud, any person

contrary to the laws of the place where such act is committed, and bring, send, or convey such

person within the limits of the Cherokee Nation, and are afterward found therein.

4. And all persons who, being out of the Cherokee Nation, cause or aid, advise or encourage, another

person, causing an injury to any person or property within the Cherokee Nation by means of any

act or neglect which is declared criminal by this code, and who are afterward found within the

Cherokee Nation.

5. Any person who violates the criminal laws of the Cherokee Nation shall be subject to the civil

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

remedies and penalties of the Cherokee Nation.

§ 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—

Ignorance—Commission without consciousness—Involuntary subjection

All persons are capable of committing crimes, except those belonging to the following classes:

1. Children under the age of seven (7) years.

2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence

of proof that at the time of committing the act or neglect charged against them, they knew its

wrongfulness.

3. Mentally ill persons and persons of unsound mind, including persons temporarily or partially

deprived of reason, upon proof that at the time of committing the act charged against them they

were incapable of knowing its wrongfulness.

4. Persons who committed the act, or made the omission charged, under an ignorance or mistake of

fact which disproves any criminal intent. But ignorance of the law does not excuse from

punishment for its violation.

5. Persons who committed the act charged without being conscious thereof.

6. Persons who committed the act, or make the omission charged, while under involuntary subjection

to the power of superiors.

§ 153. Intoxication no defense

No act committed by a person while in a state of voluntary intoxication shall be deemed less

criminal by reason of his having been in such condition.

§ 154. Morbid propensity no defense

A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown

to have been incapable of knowing the wrongfulness of such acts, forms no defense to a

prosecution therefor.

§ 155. Subjection to superior exonerates

The involuntary subjection to the power of a superior which exonerates a person charged with a

criminal act or omission from punishment therefor, arises from duress.

§ 156. Duress must be actual

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

The duress which excuses a person from punishment who has committed a prohibited act or

omission must be an actual compulsion by use of force or fear.

§§ 157-170. Reserved

CHAPTER 4

PARTIES TO

CRIME

§ 171. Classification of parties

The parties to crimes are classified as:

1. Principals, and,

2. Accessories.

§ 172. Principals defined

All persons concerned in the commission of crime, whether it be a felony or a misdemeanor, and

whether they directly commit the act constituting the offense, or aid and abet in its commission,

though not present, are principals.

§ 173. Accessories defined

All persons who, after the commission of any felony, conceal or aid the offender, with knowledge

that he has committed a felony, and with intent that he may avoid or escape from arrest, trial,

conviction, or punishment, are accessories.

§ 174. No accessories to misdemeanor

If the underlying crime is a misdemeanor, there are no accessories.

§ 175. Punishment of accessories

Except in cases where a different punishment is prescribed by law, an accessory to a crime is

punishable as a principal.

§§ 176- 262. Reserved

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

CHAPTER 6

CRIMES AGAINST THE EXECUTIVE POWER

§ 263. Falsely assuming to be officer

Every person who shall falsely assume or pretend to be any tribal officer, or who shall

knowingly take upon himself to act as such or to require any person to act as such, or assist him in

any matter pertaining to such office, shall be punished by imprisonment for not more than one (1)

year nor less than three (3) months, and by fine not exceeding Five Hundred ($500.00) nor less

than Fifty Dollars ($50.00).

§ 264. Falsely assuming to be peace officers—Private persons may make arrests

A. Any person who shall without due authority exercise or attempt to exercise the functions

of or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or

peace officer, shall be deemed guilty of a crime: Provided, however, that this section shall

not be so construed as to prevent private persons from making arrests for crimes committed

in their presence.

B. It shall be unlawful for any person to affix on his or her motor vehicle, either temporarily

or permanently, any insignia typically used by a law enforcement agency for the purpose

of causing any other motor vehicle operator to yield the right-of-way and stop, or which

actually causes any other motor vehicle operator to yield the right-of-way and stop,

whether intended or not. Any person who violates the provisions of this subsection shall,

upon conviction, be guilty of a misdemeanor punishable by imprisonment for not more

than one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both

such fine and imprisonment. The provisions of this subsection shall not apply to vehicles

of any fire department, fire patrol, law enforcement vehicles, ambulances, or other

authorized emergency vehicles.

§ 265. Bribing or offering bribe to executive officer

Every person who gives or offers any bribe to any executive officer, with intent to influence him

in respect to any act, decision, vote, opinion, or other proceedings of such officer, is guilty of a

crime.

§ 266. Asking or receiving bribes

Every executive officer or person elected or appointed to executive office who asks, receives or

agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action

upon any matter then pending, or which may by law be brought before him in his official capacity,

shall be influenced thereby, is guilty of a crime and in addition thereto, forfeits his office and is

forever disqualified from holding any public office under the laws of the Nation.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 267. Preventing officer's performance of duty

Every person who attempts, by means of any threat or violence, to deter or prevent any executive

officer from performing any duty imposed upon such officer by law, is guilty of a crime.

§ 268. Resisting executive officer

Every person who knowingly resists, by the use of force or violence, any executive officer in the

performance of his duty, is guilty of a crime.

§ 269. Asking or receiving unauthorized reward for official act

A. Every executive officer who asks or receives any emolument, gratuity or reward, or any

promise of any emolument, gratuity or reward, excepting such as may be authorized by

law, for doing any official act, is guilty of a misdemeanor.

B. It shall be unlawful for any tribal employee, with responsibility or oversight for

processing a benefit or allowance, to solicit any portion of the benefit or allowance

as a gratuity, kickback, or loan from a recipient who is otherwise entitled to the

benefit or allowance.

C. Any tribal employee convicted of violating the provisions of subsection B of this section

shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars

($500.00), or by imprisonment for a term not to exceed one (1) year, or by both such fine

and imprisonment.

§ 270. Reward for omission to act, asking or receiving

Every executive officer who asks or receives any emolument, gratuity or reward, or any promise

of any emolument, gratuity or reward, for omitting or deferring the performance of any official

duty, is guilty of a misdemeanor.

§271-277. Reserved

§ 278. Refusal to surrender books to successor

Every person who having been an executive officer of this Nation, wrongfully refuses to surrender

the official seal or any of the books and papers appertaining to his office, to his successor, who

has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the

books and papers of such office is guilty of a crime.

§ 279. Administrative officers included

The various provisions of this article which relate to executive officers apply in relation to

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

administrative officers in the same manner as if administrative and executive officer were both

mentioned together.

§§ 280-300. Reserved

CHAPTER 7

CRIMES AGAINST THE LEGISLATIVE POWER

§ 301. Preventing meetings of Council

Every person who willfully and by force or fraud prevents the Council, or any of the Members

thereof, from meeting or organizing, is guilty of a felony punishable by imprisonment not

exceeding three (3) years, or by fine not exceeding Five Thousand Dollars ($5,000), or both.

§§ 302-303. Reserved.

§ 304. Preventing Council Member or personnel from performing official duties—Penalty

Any person who alone or in concert with others willfully either by force, physical interference,

fraud, intimidation, or by means of any independently unlawful act, prevents or attempts to prevent

any member, officer or employee of the council from performing any official act, function, power

or duty shall be guilty of a crime.

§ 308. Bribery of or influencing Council Members

Every person who gives or offers to give a bribe to any Member of the Council, or attempts directly

or indirectly, by menace, deceit, suppression of truth or any other corrupt means, to influence a

Member in giving or withholding his vote, or in not attending the Council meeting, or any

committee thereof is guilty of a felony punishable by imprisonment not exceeding three (3) years,

or by fine not exceeding Five Thousand Dollars ($5,000), or both..

§ 309. Soliciting bribes—Trading votes

Every Member of the Council who asks, receives or agrees to receive any bribe upon any

understanding that his official vote, opinion, judgment or action shall be influenced thereby, or

shall be given in any manner or upon any particular side of any question or matter upon which he

may be required to act in his official capacity or who gives, or offers or promises to give any

official vote in consideration that another Member of the Council shall give any such vote, either

upon the same or another question, is guilty of a felony punishable by imprisonment not exceeding

three (3) years, or by fine not exceeding Five Thousand Dollars ($5,000), or both.

§§ 313-317. Reserved,

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 312. Forfeiture of office—Disqualification to hold office

The conviction of a Member of the Council of bribery involves as a consequence, in addition to

the punishment prescribed by this code, a forfeiture of his office, and disqualifies him from ever

afterwards holding any office under this Nation.

§ 318. Bribery

No person, firm, or member of a firm, corporation, or association shall give or offer any money,

position or thing of value to any Member of the Council to influence him to work or to vote for

any

proposition, nor shall any Member of the Council accept any money, position, promise, or reward

or thing of value for his work or vote upon any bill, resolution or measure before the Council.

§ 319. Penalty for Bribery

Any person or member of any firm, corporation or association violating the provisions of Section

318 of this title shall be guilty of a felony punishable by imprisonment for not less than one (1)

year nor more than three (3) years, and by a fine in the sum of not less than One Thousand

Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).

§ 320. Member of Council—Soliciting or securing employment with Cherokee Nation

It shall be unlawful for any Member of the Council to solicit, receive or accept any money or thing

of value either directly or through another person for soliciting or securing employment of or for

another person from any department or institution of the Nation, where the said department or

institution is supported in whole or in part from revenues levied pursuant to shall be given in any

manner or upon any particular side of any question or matter upon which he may be required to

act in his official capacity, or who gives, or offers or promises to give any official vote in

consideration that another Member of the Council shall give any such vote, either upon the same

or another question, is guilty of a crime.

§ 321. Penalty for violating Section 320

Any member of the Tribal Council who shall violate the provisions of Section 321 of this title

shall be guilty of a felony, and upon conviction shall be fined not less than Five Hundred Dollars

($500.00) nor more than Five Thousand Dollars ($5,000.00), and be imprisoned for not less than

one (1) year nor more than three (3) years and, in addition thereto, the member shall forfeit office.

§§ 322-340. Reserved

CHAPTER 8

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

CRIMES AGAINST THE REVENUE AND PROPERTY OF THE NATION

§ 341. Embezzlement and false accounts by officers

Every public officer of the Nation and every deputy or clerk of any such officer and every other

person receiving any money or other thing of value on behalf of or for account of this Nation or

any department of the government of this Nation or any bureau or fund created by law and in

which this Nation or the people thereof, are directly or indirectly interested, who either:

First: Appropriates to his own use, or to the use of any person not entitled thereto, without authority

of law, any money or anything of value received by him as such officer, clerk, or deputy, or

otherwise, on behalf of this Nation, or any subdivision of this Nation, or the people thereof, or in

which they are interested; or

Second: Receives, directly or indirectly, any interest, profit or perquisites, arising from the use or

loan of public funds in his hands or money to be raised through his agency for the Nation; or

Third: Knowingly keeps any false account, or makes any false entry or erasure in any account of

or relating to any monies so received by him, on behalf of the Nation, or the people thereof, or in

which they are interested; or

Fourth: Fraudulently alters, falsifies, cancels, destroys or obliterates any such account; or

Fifth: Willfully omits or refuses to pay over to the Nation, or its officers or agents authorized by

law to receive the same, any money or interest, profit or perquisites arising therefrom, received by

him under any duty imposed by law so to pay over the same, shall upon conviction thereof, be

deemed guilty of a crime, and in addition thereto shall be disqualified to hold office in this Nation,

and the court shall issue an order of such forfeiture, and should appeal be taken from the judgment

of the Court, the defendant may, in the discretion of the Court, stand suspended from such office

until such cause is finally determined.

§ 344. Fraud by officer authorized to sell, lease or make contract

Every public officer, being authorized to sell or lease any property, or make any contract in his

official capacity, who voluntarily becomes interested individually in such sale, lease or contract,

directly or indirectly, is guilty of a misdemeanor.

§ 346. Obstructing the collection of taxes

Every person who willfully obstructs or hinders any public officer of the Cherokee Nation from

collecting any revenue, taxes, or other sums of money in which, or any part of which the people

of this Nation are directly or indirectly interested, and which such officer is by law empowered to

collect, is guilty of a misdemeanor.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 347-348. Reserved

§ 349. Injuring or burning public buildings

Every person who willfully burns, destroys, or injures any public buildings or improvements in

this Nation, is guilty of a crime.

§ 350. Reserved

§ 351. False statement regarding taxes

Every person who, in making any statement, oral or written, which is required or authorized by

law to be made as the basis of imposing any tax or assessment, or of an application to reduce any

tax or assessment, willfully states any material matter which he knows to be false, is guilty, upon

conviction, of a crime.

§ 352. Reserved

§ 353. Officer dealing in warrants—Crime

It shall be unlawful for any public officer or deputy or employee of such officer to either directly

or indirectly, buy, barter for, or otherwise engage in any manner in the purchase of any bonds,

warrants or any other evidence of indebtedness against this Nation, any subdivision thereof, of

which he is an officer.

§ 354. Penalty

Any person who shall violate any of the provisions of the two preceding sections shall be deemed

guilty of the unlawful issuing of warrants or the unlawful purchase of warrants as the case may be,

and shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00).

§§ 356-357. Reserved

§ 355. Member of governing body not to furnish public supplies for consideration

It shall be unlawful for any Member of the Council of the nation to furnish, for a consideration

any material or supplies for the use of said Nation or subdivision.

§ 358. False, fictitious or fraudulent claims against Cherokee Nation

It shall be unlawful for any person, firm, corporation, association or agency to make, present, or

cause to be presented to any employee or officer of Cherokee Nation, or to any department or

agency thereof, any false, fictitious or fraudulent claim for payment of public funds upon or against

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

Cherokee Nation, or any department or agency thereof, knowing such claim to be false, fictitious

or fraudulent.

§ 359. Penalties

Any person, firm, corporation, association or agency found guilty of violating the foregoing

section shall be guilty of a crime.

§§ 360-379. Reserved

PART II

CRIMES AGAINST PUBLIC JUSTICE

CHAPTER 10

BRIBERY AND CORRUPTION

§ 380. Bribery of fiduciary

A. Any fiduciary who, with a corrupt intent and without the consent of his beneficiary, intentionally

or knowingly solicits, accepts, or agrees to accept any bribe from another person with the

agreement or understanding that the bribe as defined by law will influence the conduct of the

fiduciary in relation to the affairs of his beneficiary, upon conviction, is guilty of a felony

punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.

B. Any person who offers, confers, or agrees to confer any bribe the acceptance of which is an offense

pursuant to the provisions of subsection (A) of this section, upon conviction, is guilty of a felony

punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.

.

C. As used in subsection (A) of this section:

1. "Beneficiary" means any person for whom a fiduciary is acting.

2. "Fiduciary" means:

a. an agent or employee; or

b. a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary;

or

c. a lawyer, physician, accountant, appraiser, or other professional advisor; or

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

d. an officer, director, partner, manager, or other participant in the direction of the affairs of a

corporation or association.

§ 381. Bribing officers

Whoever corruptly gives, offers, or promises to any executive, legislative, judicial, or other public

officer, or any employee of Cherokee Nation or any political subdivision thereof, including peace

officers and any other law enforcement officer, or any person assuming to act as such officer, after

his election or appointment, either before or after he has qualified or has taken his seat, any gift or

gratuity whatever, with intent to influence his act, vote, opinion, decision, or judgment on any

matter, question, cause, or proceeding which then may be pending, or may by law come or be

brought before him in his official capacity, or as a consideration for any speech, work, or service

in connection therewith, shall be guilty of a felony punishable by imprisonment not exceeding

three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00).

§ 382. Officers receiving bribes

Every executive, legislative, judicial, or other public officer, or any employee of Cherokee Nation

or any political subdivision thereof, including peace officers and any other law enforcement

officer, or any person assuming to act as such officer, who corruptly accepts or requests a gift or

gratuity, or a promise to make a gift, or a promise to do an act beneficial to such officer, or that

judgment shall be given in any particular manner, or upon a particular side of any question, cause

or proceeding, which is or may be by law brought before him in his official capacity, or that in such

capacity he shall make any particular nomination or appointment, shall forfeit his office, be forever

disqualified to hold any public office, trust, or appointment under the laws of this Nation, is guilty

of a felony punishable by imprisonment not exceeding three (3) years, or by a fine not exceeding

Fifteen Thousand Dollars ($15,000.00), or both.

§ 383. Bribing jurors, referees, etc.

Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator,

umpire or assessor, or to any person who may be authorized by law or agreement of parties

interested to hear or determine any question or controversy, with intent to influence his vote,

opinion or decision upon any matter or question which is or may be brought before him for

decision, is guilty of a felony punishable by imprisonment not exceeding three (3) years, or by a

fine not exceeding Fifteen Thousand Dollars ($15,000.00), or both.

§ 384. Receiving bribes by jurors, referees, etc.

Every juror, referee, arbitrator, umpire or assessor, and every person authorized by law to hear or

determine any question or controversy, who asks, receives, or agrees to receive, any bribe upon

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

any agreement or understanding that his vote, opinion or decision upon any matter or question

which is or may be brought before him for decision, shall be thereby influenced, is guilty of a

felony punishable by imprisonment not exceeding three (3) years, or by a fine not exceeding

Fifteen Thousand Dollars ($15,000.00), or both.

§ 385. Misconduct of jurors

Every juror or person drawn or summoned as a juror, or chosen arbitrator, or umpire, or appointed

referee, who either:

1. Makes any promise or agreement to give a verdict for or against any party; or

2. Willfully permits any communication to be made to him, or receives any book, paper, instrument,

or information relative to any cause pending before him, except according to the regular course

of proceeding upon the trial of such cause,

is guilty of a misdemeanor.

§ 386. Accepting gifts

Every judicial officer, juror, referee, arbitrator or umpire, who accepts any gift from any person,

knowing him to be a party in interest or the attorney or counsel of any party in interest to any

action or proceeding then pending or about to be brought before him, is guilty of a misdemeanor.

§ 387. Gifts defined

The word "gift" in the foregoing section shall not be taken to include property received by

inheritance, by will or by gift in view of death.

§ 388. Attempts to influence jurors

Every person who attempts to influence a juror, or any person summoned or drawn as a juror, or

chosen as arbitrator or appointed a referee, in respect to his verdict, or decision of any cause or

matter pending, or about to be brought before him, either:

1st, By means of any communication oral or written had with him, except in the regular course of

proceedings upon the trial of the cause;

2nd, By means of any book, paper, or instrument, exhibited otherwise than in the regular course

of proceedings, upon the trial of the cause;

3rd, By means of any threat or intimidation;

4th, By means of any assurance or promise of any pecuniary or other advantage; or,

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

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5th, By publishing any statement, argument or observation relating to the cause, is guilty of a

misdemeanor.

§ 389. Drawing jurors fraudulently

Every person authorized by law to assist at the drawing of any jurors to attend any court, who

willfully puts or consents to the putting upon any list of jurors as having been drawn any name

which shall not have been drawn for that purpose in the manner prescribed by law; or, who omits

to place on such list any name that shall have been drawn in the manner prescribed by law, or who

signs or certifies any list of jurors as having been drawn which was not drawn according to law;

or, who is guilty of any other unfair, partial or improper conduct in the drawing of any such list of

jurors, is guilty of a misdemeanor.

§ 390. Misconduct by officer in charge of jury

Every officer to whose charge any juror or jury is committed by any court or magistrate who

negligently or willfully permits them, or any one of them, either:

1. To receive any communication from any person;

2. To make any communication to any person;

3. To obtain or receive any book or paper or refreshment; or

4. To leave the jury room, the jury box, or his immediate custody or control, without the leave of

such court or magistrate first obtained, is guilty of a misdemeanor.

Every bailiff, or other officer or person, into whose custody and care any court of record

contemplates committing any juror or jury, before entering upon his duties as such for the Court

term or such lesser period of such service as the Court may determine, shall first be admonished

and shall make in writing and file with the Clerk of such Court a solemn oath, sworn to before the

Clerk or Judge of such Court, to the effect that he will regard the foregoing provisions of this

section and that he will faithfully prevent the same and obstruct any attempt to accomplish or to

attempt to do any of them, but at the same time to have regard to the comfort and well-being of

the jurors and all of them, entrusted into his care in each and every jury trial in any cause during

such Court term or lesser period of appointment by such Court.

In every Court the same admonition shall be given and the same oath required as above, in each

jury trial; but the Court shall have the option whether the same be oral, or in writing and filed in

such case, but thereafter during the trial of the same cause and until such jury is dismissed from

further consideration of the same it shall not be necessary, for all intent and purposes of this act,

to administer again such admonition or to require such oath.

§§ 391-420. Reserved

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

CHAPTER 11

CONSPIRACY

§ 421. Conspiracy—Definition—Punishment

3. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or

arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding; or

4. To cheat and defraud any person of any property by any means which are in themselves criminal,

or by any means which, if executed, would amount to a cheat or to obtaining money or property

by false pretenses; or

5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for

the perversion or obstruction of justice or the due administration of the laws, they are guilty of a

conspiracy.

4. Except in cases where a different punishment is prescribed by law the punishment for conspiracy

shall be a misdemeanor unless the conspiracy is to commit a felony.

5. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not

more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a period not

exceeding three (3) years, or by both such fine and imprisonment.

§ 422. Conspiracy outside Cherokee Nation against the peace of the Nation

If two or more persons, being out of this Nation, conspire to commit any act against the peace of

this Nation, the commission or attempted commission of which, within this nation, would be

treason against the Nation, they are guilty of a felony punishable by a fine of not more than Fifteen

Thousand Dollars ($15,000.00), or by imprisonment for a period not exceeding three (3) years, or

by both such fine and imprisonment.

§ 423. Overt act necessary

No agreement to commit a crime amounts to a conspiracy, unless some act besides such agreement

be done to effect the object thereof, by one or more of the parties to such agreement.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 424. Punishment for conspiracy against Cherokee Nation

If two or more persons conspire either to commit any offense against Cherokee Nation, any

subdivision thereof, or to defraud Cherokee Nation, any subdivision thereof, in any manner or for

any purpose, and if one or more of such parties do any act to effect the object of the conspiracy,

all the parties to such conspiracy shall be guilty of a felony punishable by a fine of not more than

Five Thousand Dollars ($5,000.00) or imprisonment for not more than three (3) years or by both

such fine and imprisonment.

CHAPTER 11A

ELECTION

FRAUD

§ 425. Voting fraud

Every person, not having the qualification of a voter, who shall fraudulently vote, or attempt to

vote, at any election, or who shall vote or attempt to vote, more than once for the same candidate,

at any election, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined

not less than One Hundred Dollars ($100.00), and be imprisoned for any time less than one (1)

year and exceeding six (6) months, and be forever disqualified from voting.

§ 426. Unlawful influence of voters

Every person who shall by bribery, treats or offers of employment, attempt to influence any voter

in giving his vote, or shall use threats to procure any voter to vote contrary to the inclination of

such voter, or to deter him from giving his vote, shall be deemed guilty of a crime, and, upon

conviction, be fined in a sum of not less than One Hundred Dollars ($100.00), and not more than

Five Hundred Dollars ($500.00), or be imprisoned for any time less than one (1) year, and

exceeding three (3) months, or both by fine and imprisonment, at the discretion of the Court.

§ 427. Receiving the votes of unqualified voters

Any Election Board member who shall willfully and knowingly receive or sanction the reception

of the vote of any person not having the qualification of a voter, or who shall be guilty of a wilful

neglect of duty, or of any corrupt action in the execution of the same, shall be deemed guilty of a

misdemeanor, and, upon conviction, be fined in a sum of not less than One Hundred Dollars

($100.00), nor more than One Thousand Dollars ($1,000.00), and be imprisoned for any term less

than one (1) year and exceeding three (3) months.

§ 428. Tampering with election returns

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

Any person, who shall fraudulently alter, mutilate, destroy, or unlawfully open, after being sealed

up, any returns of election, shall be deemed guilty of a misdemeanor, and, upon conviction, be

imprisoned for any term less than one (1) year and exceeding three (3) months.

§§ 429-430. Reserved

CHAPTER 12

ESCAPES AND AIDING THEREIN

§ 431. Rearrest of escaped prisoners

Every prisoner confined upon conviction for a criminal offense, who escapes from a penal

institution, may be pursued, retaken and imprisoned again, notwithstanding the term for which he

was sentenced to be imprisoned may have expired at the time when he is retaken, and he shall

remain so imprisoned until tried for such escape, or discharged, on a failure to prosecute therefor.

§ 432-433. Reserved

§ 434. Escape from penitentiary or jail

Every prisoner confined in any penitentiary or jail, who escapes by force or fraud from such penal

institution, is guilty of a felony punishable by imprisonment not exceeding three (3) years, or by a

fine of not more than Fifteen-thousand dollars ($15,000), or by both such fine and imprisonment.

§ 435. Reserved

§ 436. Attempt to escape from penitentiary or jail

Every prisoner confined in any penal institution who attempts by force or fraud, although

unsuccessfully, to escape therefrom, is guilty of a crime.

§ 437. Assisting prisoner to escape

Every person who willfully by any means whatever, assists any prisoner confined in any penal

institution to escape therefrom, is guilty of a crime.

§ 438. Carrying into penitentiary or jail things to aid escape

Every person who carries or sends into any penal institution anything useful to aid any prisoner in

making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is

punishable as guilty as follows:

1. If such prisoner was confined upon a charge or conviction of a felony, by imprisonment not

exceeding three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000), or

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

by both such fine and imprisonment.

2. If such prisoner was confined otherwise than upon a charge or conviction of a misdemeanor,

by imprisonment not exceeding one (1) year, or by a fine of not more than Five Thousand

Dollars ($5,000.00), or by both such fine and imprisonment.

§ 439. Concealing escaped prisoner

Every person who willfully and knowingly conceals any prisoner, who having been confined in

penal institution upon a charge or conviction of crime, has escaped therefrom, is guilty of a

misdemeanor.

§ 440. Harboring criminals and fugitives—Penalty

A. Any person who shall knowingly feed, lodge, clothe, arm, equip in whole or in part,

harbor, aid, assist or conceal in any manner any person guilty of any crime, or outlaw, or

fugitive from justice, or any person seeking to escape arrest for any crime committed

within this Nation or state, jurisdiction or territory, shall be guilty of a felony punishable

by imprisonment for a period not exceeding three (3) years, or by a fine of not more than

Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.

B. It shall be unlawful for any person who has reason to believe that a sex offender is in

violation of the registration requirements of the Sex Offenders Registration Act and who

has the intent to assist the sex offender in eluding arrest, to do any of the following:

a. Withhold information from, or fail to notify, a law enforcement agency about the

noncompliance of the sex offender with the registration requirements of the Sex

Offenders Registration Act, and, if known, the whereabouts of the offender;

b. Harbor, attempt to harbor, or assist another person in harboring or attempting to

harbor, the sex offender;

c. Conceal, or attempt to conceal, or assist another person in concealing or

attempting to conceal, the sex offender; or

d. Provide information to a law enforcement agency regarding the sex offender that

the person knows to be false information.

C. Any person convicted of violating the provisions of subsection B of this section shall be

guilty of a misdemeanor punishable by a fine of not more than Five Thousand Dollars

($5,000.00), or by imprisonment for a term not to exceed one (1) year, or by both such

fine and imprisonment.

§ 441. Assisting escape from officer

Every person who willfully assists any prisoner in escaping or attempting to escape from the

custody of any officer or person having the lawful charge of such prisoner under any process of

law or under any lawful arrest, is guilty of a misdemeanor punishable by a fine of not more than

One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed one (1) year, or

by both such fine and imprisonment.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 442. Prisoner defined

The term "prisoner" in this chapter includes every person held in custody under process of law

issued from a court of competent jurisdiction, whether civil or criminal, or under any lawful arrest.

§ 443.

Additional punishment under rules and regulations of jail or prison after escape

In addition, all prisoners who escape from the aforesaid jails or prisons either while confined

therein, or while at large as a trustee, when apprehended and returned to the jail or prison, shall be

punishable by the penal institution authorities in such manner as may be prescribed by the rules

and regulations of the penal institution, provided that such punishment shall not be cruel or

unusual.

§ 444. Escape or attempt to escape from arrest or detention

A. It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to

escape or attempt to escape from such peace officer.

B. Such person who escapes or attempts to escape after being lawfully arrested or detained for

custody for a crime offense shall be guilty of a misdemeanor.

C. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody

for a felony offense shall be guilty of a felony.It is unlawful for any person admitted to bail or

released on recognizance, bond, or undertaking for appearance before any court of the Cherokee

Nation, and required as a condition of such release from detention to wear any electronic

monitoring device on the body of the person to remove such device without authorization from

the court. For purposes of this subsection, any person charged with a misdemeanor offense who

removes such device without authorization from the court shall be guilty of a misdemeanor and

any person charged with a felony offense who removes such device without authorization from

the court shall be guilty of a felony.

§ 445. Unauthorized entry into prison, jail, etc.—Penalties

Any person who willfully gains unauthorized entry into any Cherokee Nation penal institution,

any place where prisoners are located, or the penal institution grounds, upon conviction, shall be

guilty of a felony punishable by imprisonment for not more than three (3) years, or by the

imposition of a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine

and imprisonment.

§ 446. Escape from jail, or other lawful custody—Penalty—Juvenile offender

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

A. Any person having been imprisoned in a jail awaiting charges on a felony offense, or a prisoner

awaiting trial, or a prisoner having been sentenced on a felony charge, or any other prisoner having

been lawfully detained who escapes from a jail or prison, either while actually confined therein,

while permitted to be at large as a trustee, or while awaiting transportation to a jail, correctional or

other facility for execution of sentence, shall be guilty of a felony punishable by imprisonment of

not more than three (3) years.

B. For the purposes of this section, a prisoner assigned to an alternative to incarceration authorized

by law shall be considered to have escaped if the inmate cannot be located within a twenty-four

hour period or if he or she fails to report to a correctional facility or institution, as directed. This

includes any person escaping by absconding from an electronic monitoring device or absconding

after removing an electronic monitoring device from his or her body.

C. Any juvenile offender lawfully placed in a juvenile detention facility or secure juvenile facility,

other than a community intervention center, who escapes from the facility while actually confined

therein, who escapes while escorted by a transportation officer, or who escapes while permitted to

be on an authorized pass or work program outside the facility shall be guilty of a felony punishable

by imprisonment for not more than three (3) years. For purposes of this subsection:

1. A juvenile offender permitted to be on an authorized pass or work program shall be considered to

have escaped if the juvenile offender cannot be located within a twenty-four-hour period or if

the juvenile offender fails to report to the facility at the specified time, and shall include any

juvenile offender escaping by absconding from an electronic monitoring device or absconding

after removing an electronic monitoring device from the body of the juvenile offender; and

2. “Escape” means a juvenile offender in lawful custody who has absented himself or herself without

official permission from a facility or secure placement, during transport to or from such facility,

or failure to return from a pass issued by a facility.

CHAPTER 13

FALSIFYING EVIDENCE

§ 450. Misprision of crime and false statements to law enforcement

A. Misprision of crime. It shall be unlawful for any person having knowledge of the actual

commission of a crime cognizable by a Court of the Cherokee Nation, which crime would be a

felony under the laws of the Cherokee Nation, the State of Oklahoma or the United States of

America, to affirmatively conceal and not make known that crime to a Cherokee Nation Judge or

some other person in civil authority within Cherokee Nation. Such act shall constitute a crime

against Cherokee Nation, and shall be punished as provided in 21 CNCA § 10.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

B. False statement to law enforcement. In connection with a law enforcement investigation, whoever,

in any manner within the jurisdiction of Cherokee Nation knowingly and willfully falsifies,

conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious

or fraudulent statements or representations, or makes or uses any false writing or document

knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be guilty

of a misdemeanor, subject to punishment as provided in 21 CNCA § 10.

§ 451. Offering false evidence

Every person who, upon any trial, proceedings, inquiry or investigation whatever, authorized by

law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in

writing, knowing the same to have been forged, or fraudulently altered, is guilty of a felony and

shall be punished in the same manner as the forging or false alteration of such instrument is made

punishable by the provisions of this title.

§ 452. Deceiving witness

Every person who practices any fraud or deceit, or knowingly makes or exhibits any false

statement, representation, token or writing, to any witness or person about to be called as a witness,

upon any trial, proceeding, inquiry or investigation whatever, proceeding by authority of law, with

intent to affect the testimony of such witness, is guilty of a felony.

§ 453. Preparing false evidence

Every person guilty of falsely preparing any book, paper, record, instrument in writing, or other

matter or thing, with intent to produce it, or allow it to be produced as genuine upon any trial,

proceeding or inquiry whatever, authorized by law, is guilty of a misdemeanor.

§ 454. Destroying evidence

Every person who knowing that any book, paper, record, instrument in writing, or other matter or

thing, is about to be produced in evidence upon any trial, proceeding, inquiry or investigation

whatever, authorized by law, willfully destroys the same, with intent thereby to prevent the same

from being produced, is guilty of a misdemeanor.

§ 455. Preventing witness from giving testimony

A. Every person who willfully prevents any person from giving testimony who has been duly

summoned or subpoenaed or endorsed on the criminal information as a witness or threatens

physical or mental harm through force or fear with the intent to prevent the witness from

appearing in Court to give his testimony, or to alter his testimony, is guilty of a felony

punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by not more

than three (3) years imprisonment, or by both such fine and imprisonment.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

B. Every person who threatens physical harm through force or fear or causes or procures

physical harm to be done to any person or harasses any person or causes a person to be

harassed because of testimony given by such person in any civil or criminal trial or

proceeding, or who makes a report of abuse or neglect is, upon conviction, guilty of a

felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by

not more than three (3) years imprisonment, or by both such fine and imprisonment.

§ 456. Bribing witness—Subornation of perjury

Every person who gives or offers or promises to give to any witness or person about to be called

as a witness in any matter whatever, any bribe upon any understanding or agreement that the

testimony of such witness shall be influenced, or who attempts by any other means fraudulently

to induce any witness to give false testimony is guilty of a crime, but if the offer, promise, or bribe

is in any way to induce the witness to swear falsely, then it shall be held to be subornation of

perjury.

§§ 457-461. Reserved

CHAPTER 14

FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC

RECORDS AND DOCUMENTS

§ 461. Larceny or destruction of records by clerk or officer

Every clerk, register or other officer having the custody of any record, maps or book, or of any

paper or proceeding of any Court, filed or deposited in any public office, who is guilty of stealing,

willfully destroying, mutilating, defacing, altering or falsifying or unlawfully removing or

secreting such record, map, book, paper or proceeding, or who permits any other person so to do,

is guilty of a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or

by not more than three (3) years imprisonment, or by both such fine and imprisonment, and in

addition thereto, such person shall forfeit his or her office or employment.

§ 462. Larceny or destruction of records by other persons

Every person not an officer such as is mentioned in the last section, who is guilty of any of the

acts specified in that section, is guilty of a felony punishable by a fine of not more than Fifteen

Thousand Dollars ($15,000), or by not more than three (3) years imprisonment, or by both such

fine and imprisonment, and in addition thereto, such person shall forfeit his or her office or

employment.

§ 463. Offering forged or false instruments for record

Every person who knowingly procures or offers any false or forged instrument to be filed,

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

registered, or recorded in any public office within this Nation, which instrument, if genuine, might

be filed or registered or recorded under any law of this Nation or of the United States, is guilty of

a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by not more

than three (3) years imprisonment, or by both such fine and imprisonment.

§ 464. Forging name to petition—Penalties

Any person who shall knowingly sign, subscribe or forge the name of any other person, without

the consent of such other person, to any petition, application, remonstrance, or other instrument of

writing, authorized by law to be filed in or with any Court, board or officer, with intent to deceive

or mislead such Court, board or officer, shall be guilty of a misdemeanor punishable by a fine not

to exceed Five Thousand Dollars ($5,000.00), or imprisonment not exceeding one (1) year, or by

both such fine and imprisonment.

CHAPTER 15

ILLEGAL USE OF GOVERNMENT DOCUMENTS

§ 471. Criminal activity with respect to Cherokee Nation citizenship

A. A person who knowingly buys or barters the Cherokee Nation Citizenship Card from another tribal

citizen for whatever purposes may be subject to criminal prosecution. The penalty upon conviction

of the offense specified in this subsection shall be no longer than one (1) year imprisonment, or a

fine of no more than Five Thousand Dollars ($5,000.00), or both.

B. A person who knowingly sells or barters his or her Cherokee Nation Citizenship Card to another

tribal citizen or person for whatever purposes maybe subject to criminal prosecution. The penalty

upon conviction of the offense specified in this subsection shall be no longer than one (1) year

imprisonment, or a fine of no more than Five Thousand Dollars ($5,000.00), or both.

C. In addition to the foregoing sanctions, any person who knowingly buys, sells, or barters the

Cherokee Nation Citizenship Card to or from another person for whatever purposes may be subject

to a civil penalty as hereinafter provided. The penalty for violating this subsection shall be a fine

of not more than Five Thousand Dollars ($5,000.00).

D. Any person who knowingly uses, or allows another person to use, any Cherokee Nation

Citizenship Card, Cherokee Nation Registry Number, or Cherokee Roll Number, for the purpose

of defrauding Cherokee Nation or the United States, or for any other fraudulent purpose, may be

subject to criminal prosecution. The penalty upon conviction of the offense specified in this

subsection shall be no longer than one (1) year imprisonment, no greater than a Five Thousand

Dollars ($5,000.00) fine, or both.

CHAPTER 16

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

NEPOTISM

§ 481. Repealed by LA 34–07, eff. September 13, 2007

§ 482. Unlawful to pay salary to ineligible persons

It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in

the preceding section, to draw or authorize the drawing of any warrant or authority for the payment

out of any public fund, of the salary, wages, pay or compensation of any such ineligible person,

and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of

any public funds in his custody or under his control the salary, wages, pay or compensation of any

such ineligible person.

§ 483. Appointment of one related to another officer

It shall be unlawful for any executive, legislative, ministerial, or judicial officer to appoint and

furnish employment for any person whose services are to be rendered under his direction and

control and paid for out of the public funds, and who is related by either blood or marriage within

the third degree to any other executive, legislative, ministerial or judicial officer when such

appointment is made in part consideration that such other officer shall appoint and furnish

employment to any one so related to the officer making such appointment.

§ 485. Penalty

Any executive, legislative, ministerial or judicial officer who shall violate any provision of this

article, shall be deemed guilty of a crime involving official misconduct.

§ 486. Removal from office for violation of chapter

Every person guilty of violating the provisions of this chapter, shall, independently of, or in

addition to any criminal prosecution that may be instituted, be removed from office according to

the mode of trial and removal prescribed in the Constitution and laws of this Nation.

§ 487. Officers affected

Under the designation executive, legislative, ministerial or judicial officer as mentioned herein are

included the Principal Chief, Deputy Principal Chief, Council Members, Commissioners, all the

heads of the Departments of the Nation Government, Judges of all the Courts of this Nation,

Trustees, Officers and Commissioners of subdivisions of the Nation.

CHAPTER 17

PERJURY AND SUBORNATION OF PERJURY

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 491. Perjury defined—Defense

Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the

making or subscribing of a statement is required or authorized by law, makes or subscribes a

statement under oath, affirmation or other legally binding assertion that the statement is true, when

in fact the witness or declarant does not believe that the statement is true or knows that it is not

true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It

shall be a defense to the charge of perjury as defined in this section that the statement is true.

§ 492. Oath defined

The term "oath," as used in the last section, includes an affirmation, and every other mode of

attesting the truth of that which is stated, which is authorized by law.

§ 493. Oath of office

So much of an oath of office as relates to the future performance of official duties is not such an

oath as is intended by the previous sections.

§ 494. Irregularities no defense

It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular

manner.

§ 495. Incompetency no defense

It is no defense to a prosecution for perjury that the accused was not competent to give the

testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually

was required to give such testimony or made such deposition or certificate.

§ 496. Contradictory statements as perjury

Whoever, in one or more trials, hearings, investigations, depositions, certifications or declarations,

in which the making or subscribing of statements is required or authorized by law, makes or

subscribes two or more statements under oath, affirmation or other legally binding assertion that

the statements are true, when in fact two or more of the statements contradict each other, is guilty

of perjury.

§ 497. Making deposition or certificate

The making of a deposition or certificate is deemed to be complete, within the provisions of this

chapter, from the time when it is delivered by the accused to any other person with the intent that

it be uttered or published as true.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 498. Degree of proof required

A. Proof of guilt beyond a reasonable doubt is sufficient for conviction under this chapter, and it shall

not be necessary also that proof be by a particular number of witnesses or by documentary or other

type of evidence.

B. Lack of materiality of the statement is not a defense but the degree to which a perjured statement

might have affected some phase or detail of the trial, hearing, investigation, deposition,

certification or declaration shall be considered, together with the other evidence or circumstances,

in imposing sentence.

C. In a prosecution for perjury by contradictory statements, as defined in Section 496 of Title 21, it

is unnecessary to prove which, if any, of the statements is not true.

§ 499. Defenses to charges of perjury

A. Upon accusation of a charge of perjury by single statement, as defined in Section 491 of Title 21,

it is a defense that the statement is true.

B. Upon accusation of a charge of perjury by contradictory statements, as defined in Section 496 of

Title 21, it is a defense that the accused at the time he made each statement believed the statement

was true.

§ 500. Punishment for perjury

Perjury is a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or

by not more than three (3) years imprisonment, or by both such fine and imprisonment.

§ 501. Summary committal of witness

Whenever it appears probable in any court of record, that any person who has testified in any

action or proceeding in such Court has committed perjury, such Court must immediately commit

such person by an order or process for that purpose to a penal institution or take a recognizance

with sureties for his appearance and answering to an information for perjury.

§ 502. Witness bound over to appear

Such court shall thereupon bind over the witnesses to establish such perjury to appear at the

proper court to testify upon the trial for such perjury, and shall also cause immediate notice of

such commitment or recognizance, with the names of the witnesses so bound over, to be given to

the prosecuting official.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 503. Documents may be retained

If, upon the hearing of such action or proceeding in which such perjury has probably been

committed, any papers or documents produced by either party shall be deemed necessary to be

used on the prosecution for such perjury, the Court may by order detain such papers or documents

from the party producing them, and direct them to be delivered to the Prosecuting Attorney.

§ 504. Perjury by subornation—Attempted perjury by subornation

Whoever procures another to commit perjury is guilty of perjury by subornation. Whoever does

any act with the specific intent to commit perjury by subornation but fails to complete that offense

is guilty of attempted perjury by subornation.

§ 505. Punishment of subornation of perjury

Any person guilty of subornation of perjury is punishable in the same manner as he would be if

personally guilty of the perjury so procured.

§§ 506-520. Reserved

CHAPTER 18

RESCUES

§ 521. Rescuing prisoners

Every person who by force or fraud rescues or attempts to rescue, or aids another person in

rescuing or in attempting to rescue any prisoner from any officer or other person having him in

lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a charge or conviction of felony, such person shall be guilty

of a felony by imprisonment for not more than three (3) years; or

2. If such prisoner was in custody otherwise than upon a charge or conviction of a felony, by

imprisonment not exceeding one (1) year.

§ 522. Taking goods from legal custody

Every person who willfully injures or destroys, takes or attempts to take, or assists any other person

in taking or attempting to take from the custody of any officer or person, any personal property

which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

§§ 523-530. Reserved.

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

CHAPTER 19

OTHER CRIMES AGAINST PUBLIC JUSTICE

§ 531. Injury to records—Embezzlement by officer

Every sheriff, marshal, police officer, clerk, coroner, clerk of a court, constable or other

ministerial officer, and every deputy or subordinate of an ministerial officer who either:

1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his

office; or

2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to

appropriate to such use, any money, evidence of debt or other property entrusted to him in virtue

of his office;

is guilty of a felony.

§ 532. Permitting escapes

Every sheriff, marshal, policeman, coroner, clerk of a court, constable or other ministerial officer

and any deputy or subordinate of any ministerial officer, who either:

1. Willfully or carelessly allows any person lawfully held by him in custody to escape or go at large,

except as may be permitted by law; or

2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at

or permit any prisoner in his custody to escape, whether such escape is attempted or not; or

3. Commits any unlawful act tending to hinderjustice; is

guilty of a felony.

§ 533. Refusing to receive or fingerprint prisoners—Medical exceptions

A. Every officer who, in violation of a duty imposed upon him by law as such officer to

receive into his custody any person as a prisoner, willfully neglects or refuses so to receive

such person into his custody, is guilty of a misdemeanor.

B. Except as provided in this section, or for emergency medical treatment for an injury or

condition that threatens life or threatens the loss or use of a limb, any peace officer or jail

or prison contractor who, in violation of a duty imposed upon the officer or contractor by

law or by contract to fingerprint any person received into custody as a prisoner, willfully

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

neglects or refuses so to fingerprint such person is guilty of a misdemeanor.

C. Any person coming into contact with a peace officer prior to being actually received into

custody at a jail facility or holding facility, including, but not limited to, during the time of

any arrest, detention, transportation, investigation of any incident, accident or crime, who

needs emergency medical treatment for an injury or condition that threatens life or

threatens the loss or use of a limb, shall be taken directly to a medical facility or hospital

for such emergency medical care notwithstanding any duty imposed pursuant to this

section or any other provision of law to first take such person into custody or to fingerprint

such person. The responsibility for payment of such emergency medical costs shall be the

sole responsibility of the person coming into the officer’s contact and shall not be the

responsibility of any jail, law enforcement agency, jail or prison contractor, except when

the condition is a direct result of injury caused by such officer acting outside the scope of

lawful authority.

§ 534. Reserved

§ 535. Arrest without authority

Every public officer or person pretending to be a public officer, who under the pretense or color

of any process or other legal authority arrests any person, or detains him against his will, or seizes

or levies upon any property, or dispossesses anyone of any lands or tenements without due and

legal process, is guilty of a misdemeanor.

§ 537. Refusing to aid officer

Every person who, after having been lawfully commanded to aid any officer in arresting any

person or in retaking any person who has escaped from legal custody, or in executing any legal

process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.

§ 538. Refusing to make arrest

Every person who, after having been lawfully commanded by any magistrate to arrest another

person, willfully neglects or refuses so to do, is guilty of a misdemeanor.

§ 539. Reserved

§ 540. Obstructing officer

Every person who willfully delays or obstructs any peace officer in the discharge or attempt to

discharge any duty of his office, is guilty of a misdemeanor. Public officer means an elected or

appointed official or any employee of the Cherokee Nation.

§ 541. Eluding police officer

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A. Any operator of a motor vehicle who has received a visual and audible signal, a red light

and a siren from a peace officer driving a motor vehicle showing the same to be an official

police, marshal, sheriff, highway patrol or state game ranger vehicle directing the said

operator to bring his vehicle to a stop and who willfully increases his speed or extinguishes

his lights in an attempt to elude such peace officer, or wilfully attempts in any other manner

to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor.

The peace officer, while attempting to stop a violator of this section, may communicate a

request for the assistance of other peace officers from any office, department or agency.

Any peace officer within the Cherokee Nation having knowledge of such request is

authorized to render such assistance in stopping the violator and may effect an arrest under

this section upon probable cause. Violation of this subsection shall constitute a

misdemeanor and shall be punishable by not more than one (1) year imprisonment or by a

fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars

($2,000.00) or by both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section in such manner as

to endanger any other person shall be deemed guilty of a felony punishable by

imprisonment for a term of not more than three (3) years, or by a fine of not more than

Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or attempting to elude an officer,

resulting in great bodily injury to any other person while driving or operating a motor

vehicle within the Cherokee Nation and who is in violation of the provisions of subsection

A of this section may be charged with a violation of the provisions of this subsection. Any

person who is convicted of a violation of the provisions of this subsection shall be deemed

guilty of a felony punishable by imprisonment for not more than three (3) years, or a fine

of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and

imprisonment.

2. As used in this subsection, “great bodily injury” means bodily injury which creates a

substantial risk of death or which causes serious, permanent disfigurement or protracted

loss or impairment of the function of any bodily member or organ.

§ 542. Roadblocks

A peace officer may set up one or more roadblocks to apprehend any person riding upon or within

a motor vehicle traveling upon a highway, street, turnpike, or area accessible to motoring public,

when the officer has probable cause to believe such person is committing or has committed:

1. a violation of 21 CNCA § 541;

2. escape from the lawful custody of any peace officer;

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3. a crime under the laws of this Nation or the laws of any other jurisdiction.

A roadblock is defined as a barricade, sign, standing motor vehicle, or similar obstacle temporarily

placed upon or adjacent to a public street, highway, turnpike or area accessible to the motoring

public, with one or more peace officers in attendance thereof directing each operator of

approaching motor vehicles to stop or proceed.

Every operator of a motor vehicle approaching such roadblock has a duty to stop at the roadblock

unless directed otherwise by a peace officer in attendance thereof and the willful violation hereof

shall constitute a separate offense from any other offense committed. Any person who willfully

attempts to avoid such roadblock or in any manner willfully fails to stop at such roadblock or who

willfully passes by or through such roadblock without receiving permission from a peace officer

in attendance thereto, is guilty of a felony and shall be punished by imprisonment for not more

than three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00) or by both

such fine and imprisonment.

§ 543. Compounding crimes

Every person who, having knowledge of the actual commission of a crime or violation of statute,

takes any money or property of another, or any gratuity or reward, or any engagement or promise

therefor, upon any agreement or understanding, express or implied, to compound or conceal such

crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any

evidence thereof, is guilty of a is punishable as follows:

1. By a fine of not more than Fifteen Thousand Dollars ($15,000), or by imprisonment not

exceeding three (3) years if the crime or violation of statute compounded is a felony, or by

both such fine and imprisonment; or

2. By a fine of not more than Five Thousand Dollars ($5,000), or by imprisonment not

exceeding one (1) year, or by both such fine and imprisonment, if the crime or violation of

statute compounded is a misdemeanor, or violation of statute for which a pecuniary or other

penalty or forfeiture is prescribed.

§ 544. Compounding prosecution

Every person who takes any money or property of another, or any gratuity or reward, or any

engagement or promise therefor, upon any agreement or understanding, express or implied, to

compound, discontinue or delay any prosecution then pending for any crime or violation of statute,

or to withhold any evidence in aid thereof, is guilty of a misdemeanor.

§ 545. Attempt to intimidate officer

Every person who, directly or indirectly, utters or addresses any threat or intimidation to any

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

judicial or ministerial officer, to any juror, referee, arbitrator, umpire or assessor or other person

authorized by law to hear or determine any controversy, with intent to induce him either to any act

not authorized by law, or to omit or delay the performance of any duty imposed upon him by law,

is guilty of a misdemeanor.

§ 546. Suppressing evidence

Every person who maliciously practices any deceit or fraud, or uses any threat, menace or violence,

with intent to prevent any party to an action or proceeding from obtaining or producing therein

any book, paper, or other matter or thing which might be evidence, or from procuring the

attendance or testimony of any witness therein, or with intent to prevent any person having in his

possession any book, paper or other matter or thing which might be evidence in such suit or

proceeding, or prevent any person being cognizant of any fact material thereto from producing or

disclosing the same, is guilty of a misdemeanor.

§ 547. Buying lands in suit

Every person who takes any conveyance of any lands or tenements, or of any interest or estate

therein, from any person not being in the possession thereof, while such lands or tenements are the

subject of controversy, by suit in any Court, knowing the pendency of such suit, and that the

grantor was not in possession of such lands or tenements, is guilty of a misdemeanor.

§ 548. Fortification of access point to place where felony under Controlled Dangerous

Substances Act being committed or attempted

A. It shall be unlawful for any person to willfully fortify an access point into any dwelling,

structure, building or other place where a felony offense prohibited by the Uniform

Controlled Dangerous Substances Act is being committed, or attempted, and the

fortification is for the purpose of preventing or delaying entry or access by a law

enforcement officer, or to harm or injure a law enforcement officer in the performance of

official duties.

B. For purposes of this section, “fortify an access point” means to willfully construct, install,

position, use or hold any material or device designed to injure a person upon entry or to

strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling,

structure, building or other place to any extent beyond the security provided by a

commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.

C. Any person violating the provisions of this section shall, upon conviction, be guilty of a

felony punishable by imprisonment for a term of not more than three (3) years, or by a fine

in an amount not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment.

§ 549-553. Reserved

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§ 554. Attorneys—Buying demands for suit—Misleading inferior courts

Every attorney who either directly or indirectly buys or is interested in buying any evidence of

debt or thing in action with intent to bring suit thereon is guilty of a crime. Any attorney who in

any proceeding before any Court in which he appears as attorney, willfully misstates any

proposition or seeks to mislead the Court in any matter of law is guilty of a crime and on any trial

therefor the nation shall only be held to prove to the Court that the cause was pending, that the

defendant appeared as an attorney in the action, and showing what the legal statement was, wherein

it is not the law. If the defense be that the act was not willful the burden shall be on the defendant

to prove that he did not know that there was error in his statement of the law.

§ 555. Prosecutors and their partners

Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of

any action or proceeding in any Court, the prosecution of which is carried on, aided or promoted

by any person as prosecutor or other public attorney; with whom such person is directly or

indirectly connected as a partner, or who takes or receives, directly or indirectly, from or on behalf

of any defendant therein, any valuable consideration, upon any understanding or agreement

whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor.

§ 556. Prosecutor advising the defense

Every attorney who, having prosecuted or in any manner aided or promoted any action or

proceeding in any court, as prosecutor or other public attorney, afterward, directly or indirectly,

advises in relation to, or takes any part in the defense thereof, as attorney or otherwise, or takes or

receives any valuable consideration from or on behalf of any defendant therein, upon any

understanding or agreement whatever, express or implied, having relation to the defense thereof,

is guilty of a misdemeanor; and in addition to the punishment prescribed therefor he shall forfeit

his license to practice.

§ 557. Attorneys may defend themselves

The two last sections do not prohibit an attorney from defending himself in person, as attorney or

as counsel, when prosecuted either civilly or criminally.

§ 558. Reserved

§ 559. Claims for collection, loans or advances on

Every attorney or judge, who, directly or indirectly, lends or advances any money or property, or

agrees for or procures any loan or advance, to any person, as a consideration for or inducement

toward committing any evidence of debt or thing in an action to such attorney or judge or any

other person, for collection, is guilty of a misdemeanor.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 560. Receiving claims in payment of debts

Nothing in the preceding sections shall be construed to prohibit the receiving in payment of any

evidence of debt or thing in action for any estate, real or personal, or for any services of any

attorney actually rendered, or for a debt antecedently contracted, or the buying or receiving any

evidence of debt or the thing in action for the purpose of remittance, and without any intent to

violate the preceding section.

§ 561. Application of preceding sections

The provisions of the foregoing sections relating to the buying of claims by an attorney with intent

to prosecute them, or to the lending or advancing money by an attorney in consideration of a claim

being delivered for collection, shall apply to every case of such buying a claim, or lending or

advancing money by any person prosecuting a suit or demanding in person.

§ 562. Privilege of witnesses in respect to claims or debts sold

No person shall be excused from testifying in any civil action, to any facts showing that an

evidence of debt or thing in action has been bought, sold or received contrary to law, upon the

ground that his testimony might tend to convict him of a crime. But no evidence derived from the

examination of such person shall be received against him upon any criminal prosecution.

§§ 563-564. Reserved

§ 565. Definition of direct contempt and indirect contempt

Contempts of court shall be divided into direct and indirect contempts. Direct and indirect

contempts can be civil or criminal in nature.

A. Direct and indirect contempts

1. Direct contempts shall consist of disorderly or insolent behavior committed during the session of

the Court and in its immediate view, and presence, and of the unlawful and willful refusal of any

person to be sworn as a witness, and the refusal to answer any legal or proper question; and any

breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be

deemed direct contempt of court, and may be summarily punished as hereinafter provided for.

2. Indirect contempts of court shall consist of willful disobedience of any process or order lawfully

issued or made by court; resistance willfully offered by any person to the execution of a lawful

order or process of a Court.

B. Civil and criminal contempts

1. Civil contempts: failure to obey a court order that was issued for another party's benefit. A civil

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contempt procedure is coercive or remedial in nature.

2. Criminal contempts: acts that obstruct justice or attack the integrity of the court. A criminal

contempt proceeding is punitive in nature.

§ 565.1. Trial court—Power to punish contempt—Censure—Contempt proceedings

A. The Trial Judge has the power to cite for contempt anyone who, in his presence in open court,

willfully obstructs judicial proceedings. If necessary, the Trial Judge may punish a person cited

for contempt after an opportunity to be heard has been given.

B. Censure shall be imposed by the Trial Judge only if:

1. it is clear from the identity of the offender and the character of his acts that disruptive conduct is

willfully contemptuous; or

2. the conduct warranting the sanction is preceded by a clear warning that the conduct is

impermissible and that specified sanctions may be imposed for its repetition.

C. The Trial Judge, as soon as practicable after he is satisfied that courtroom misconduct requires

contempt proceedings, should inform the alleged offender of his intention to institute said

proceedings.

D. Before imposing any punishment for contempt, the Judge shall give the offender notice of the

charges and an opportunity to adduce evidence or argument relevant to guilt or punishment.

E. The Judge before whom courtroom misconduct occurs may impose appropriate sanctions

including punishment for contempt. If the Judge's conduct was so integrated with the contempt

that he contributed to it or was otherwise involved or his objectivity can reasonably be questioned,

the matter shall be referred to another Judge.

§ 566. Punishment for direct or indirect contempt—Guidelines for determination of sentence

and purge fee for failure to comply with certain orders regarding children

A. Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the

imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment

in the county jail not exceeding six (6) months, or by both, at the discretion of the Court.

B. 1. In the case of indirect contempt for the failure to comply with an order for child support, other

support, visitation, or other court orders regarding minor children the Supreme Court shall

promulgate guidelines for determination of the sentence and purge fee. If the Court fails to follow

said guidelines, the Court shall make a specific finding stating the reasons why the imposition of

the guidelines would result in inequity. The factors that shall be used in determining the sentence

and purge fee are:

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a. the proportion of the child support or other support that was unpaid in relation to the amount of

support that was ordered paid;

b. the proportion of the child support or other support that could have been paid by the party found

in contempt in relation to the amount of support that was ordered paid;

c. the present capacity of the party found in contempt to pay any arrearages;

d. any willful actions taken by the party found in contempt to reduce factor c;

e. the past history of compliance or noncompliance with the support or visitation order; and

f. willful acts to avoid the jurisdiction of the Court.

2. When a court of competent jurisdiction makes an order compelling a parent to furnish monetary

support, necessary food, clothing, shelter, medical attention, medical insurance or other remedial

care for the minor child of the parent:

a. proof that:

i. the order was made, filed, and served on the parent, or

ii. the parent had actual knowledge of the existence of the order, or

iii. the order was granted by default after prior due process notice to the parent, or

iv. the parent was present in Court at the time the order was pronounced; and

b. proof of noncompliance with the order,

shall be prima facie evidence of an indirect civil contempt of court.

§ 567. Indirect contempts—Notice—Trial by jury—Appearance bond

A. In all cases of indirect contempt the party charged with contempt shall be notified in writing of

the accusation and have a reasonable time for defense; and the party so charged shall, upon

demand, have a trial by jury.

B. In the event the party so charged shall demand a trial by jury, the Court shall thereupon set the

case for trial at the next jury term of said Court, and shall fix the amount of an appearance bond

to be posted by said party charged, which bond shall be signed by said party and two sureties,

which sureties together shall qualify by showing ownership of real property, the equal of which

property shall be in double the amount of the bond, or, in the alternative, the party charged may

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deposit with the Court Clerk cash equal to the amount of the appearance bond.

C. In a case of indirect contempt, it shall not be necessary for the party alleging indirect contempt, or

an attorney for that party, to attend an initial appearance or arraignment hearing for the party

charged with contempt, unless the party alleging the indirect contempt is seeking a cash bond. If

a cash bond is not being requested, the Clerk of the Court shall, upon request, notify the party

alleging the indirect contempt of the date of the trial.

D. Notwithstanding any other provision of law, a party charged with indirect civil contempt of court

for failure to pay child support, day care expenses or unreimbursed medical, dental, orthodontic,

psychological, optometric, or any other physical or mental health expenses as required by the terms

of a valid child support order shall not be entitled to trial by jury.

§ 567.1. Indirect contempt for failure to pay child support—Purge fee

When a person is found guilty of indirect contempt of court for failure to pay child support, day

care expenses or unreimbursed medical, dental, orthodontic, psychological, optometric, or any

other physical or mental health expenses, that person may purge the contempt by:

1. Making all future payments for child support, day care expenses and unreimbursed medical,

dental, orthodontic, psychological, optometric, or any other physical or mental health expenses as

required by the current order for child support; and

2. a. paying the full amount of the arrearage, or some portion thereof, as a lump sum if the Court

determines the contemnor has the financial ability to do so; and

b. if the full amount of the arrearage is not paid in a lump sum, then by making additional monthly

payments in an amount equal to one-half of the current monthly child support obligation, exclusive

of day care expenses.

All payments made pursuant to this subdivision (2)(b) shall be applied to reduce the amount of

child support arrearage which was the subject of the contempt action. Payments made in

accordance with the provisions of this subdivision (2)(b) shall bear interest as set forth in 43

CNCA § 511(C) and 43 CNCA § 513.

3. The total amount of the payments required to be made pursuant to subdivisions (1) and (2)(b)

above shall not exceed forty percent (40%) of the contemnor's current gross monthly income. For

purposes of this subdivision, the contemnor's gross income shall be determined in accordance with

the provisions of 43 O.S. § 118(2) and (3) as incorporated by reference in the Cherokee Nation

Code Annotated at 43 CNCA § 514. If the total amount of the payments required to be made

pursuant to subdivisions (1) and (2)(b) above exceeds forty percent (40%) of the contemnor's gross

monthly income, then the amount required to be paid under subdivision (2)(b) above shall be

reduced such that the total payments required under subdivision (1) and (2)(b) shall equal forty

percent (40%) of the contemnor's gross monthly income. If application of this subdivision (3)

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creates a payout schedule which exceeds three (3) years then the terms and provisions of 43 CNCA

§ 511(B) shall apply.

4. The payments required to be made pursuant to this section shall continue until the child support

arrearage, which was the subject of the contempt action has been paid in full, at which time the

contempt shall be deemed purged.

5. If a contemnor is committed to the custody of the sheriff to serve the sentence imposed by the

Court, the contemnor may thereafter only be discharged from the custody of the sheriff:

a. upon payment in full of the adjudicated arrearage; or

b. upon serving the full sentence: or

c. upon the making of a subsequent agreement by the parties as to payment of the arrearages, which

agreement has been approved by the Court and entry of a court order that the contemnor be

released from the custody of the sheriff with the balance of the sentence to be conditionally

suspended, subject to performance of the terms of the agreement and the provisions of the court

order for release. Persons incarcerated pursuant to the provisions of this section shall not be

entitled to credit for good time, blood time, trustee time, or any other credit for time served.

Persons incarcerated pursuant to the provisions of this section shall serve flat time in all cases.

§ 567.2. Failure to Appear for Jury Service

An individual who fails to appear in person on the date scheduled for jury service and who has

failed to obtain a postponement in compliance with the provisions for requesting a postponement,

or who fails to appear on the date set for said jury service, shall be in indirect contempt of court and

shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00). The

prospective juror may be excused from paying sanctions for good cause shown or in the interests

of justice. In addition to or in lieu of the fine, the court may order that the prospective juror complete

a period of community service for a period no less than if the prospective juror would have

completed jury service, and provide proof of completion of this community service to the court.

§ 568. Contempt—Substance of offense made of record

Whenever a person shall be imprisoned for contempt the substance of the offense shall be set forth

in the order for his confinement, and made a matter of record in the Court.

§ 569. Attorneys—Second application to another judge to stay trial

Every attorney or counselor at law who, knowing that an application has been made for an order

staying the trial of an indictment, to a Judge authorized to grant the same, and has been denied,

without leave reserved to renew it, makes an application to another Judge to stay the same trial, is

guilty of a misdemeanor.

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not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§§ 570-572. Reserved

§ 573. Fraudulent concealment of property

Every person who, having been called upon, by the lawful order of any Court, to make a true

exhibit of his real and personal effects, either:

1. willfully conceals any of his estate or effects, or any books or writing relative thereto; or,

2. willfully omits to disclose to the Court any debts or demands which he has collected, or any

transfer of his property which he had made after being ordered to make an exhibit thereof, is guilty

of a misdemeanor.

§ 574. Reserved

§ 575. Attorneys, misconduct by—Deceit—Delaying suit—Receiving allowance for money

not laid out

Every attorney who, whether as attorney or as counselor, who:

1st, is guilty of any deceit or collusion, or consents to any deceit or collusion with intent to deceive

the Court or any party; or

2nd, willfully delays his client's suit, with a view to his own gain; or

3rd, willfully receives any money or allowance for or on account of any money which he has not

laid out or become answerable for, is guilty of a crime; and, in addition to the punishment

prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in

a civil action.

§ 576. Attorney permitting other person to use his name

If any attorney knowingly permits any person not being his general law partner or a clerk in his

office to sue out any process or to prosecute or defend any action in his name, except as authorized

by the next section, such attorney, and every person who shall so use his name is guilty of a

misdemeanor.

§ 577. Attorneys, use of name lawful, when

Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name

of the people, or of any public officer, board of officers or municipal corporation, on behalf of

another party, the prosecutor, or attorney of such public officer or board or corporation may permit

any proceeding therein to be taken in his name by an attorney to be chosen by the party in interest.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 578. Inheritance, intercepting by fraudulent production of infant

Every person who fraudulently produces an infant, falsely pretending it to have been born of any

parent whose child would be entitled to inherit any real estate or to receive a share of any personal

estate, with intent to intercept the inheritance of any such real estate, or the distribution of any

such personal estate, from any person lawfully entitled thereto, is guilty of a misdemeanor.

§ 579. Substituting child

Every person to whom an infant has been confided for nursing, education, or any other person,

who, with intent to deceive any parent or guardian of such child, substitutes or produces to such

parent or guardian another child in the place of the one so confided, is guilty of a misdemeanor.

§§ 580-583. Reserved

§ 584. Prosecuting suit or bringing action or procuring arrest in false name

Every person who maliciously institutes or prosecutes any action or legal proceeding; or makes or

procures any arrest, in the name of a person who does not exist, or has not consented that it be

instituted or made, is guilty of a misdemeanor.

§§ 585-586. Reserved

§ 587. False certificate by public officer

Every public officer who, being authorized by law to make or give any certificate or other writing,

knowingly makes and delivers as true any such certificate or writing containing any statement

which he knows to be false, is guilty of a misdemeanor.

§ 588. Recording of petit jury proceedings—Listening or observing—Penalty

Any person, firm or corporation who knowingly and willfully, by means of any device whatsoever,

records or attempts to record the proceedings of any jury in any Court of Cherokee Nation while

such jury is deliberating or voting or listens to or observes, or attempts to listen to or observe, the

proceedings of any jury of which he is not a member in any Court of Cherokee Nation while such

jury is deliberating or voting shall be guilty of a felony punishable by a fine of not more than

Fifteen Thousand Dollars ($15,000.00) or imprisonment for not more than three (3) years, or both

such fine and imprisonment. Provided, however, that nothing in this section shall be construed to

prohibit the taking of notes by a juror in any court of the Cherokee Nation in connection with and

solely for the purpose of assisting him in the performance of his duties as such juror.

§ 589. False reporting of crime

It shall be unlawful to willfully, knowingly and without probable cause make a

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

false report to any person of any crime or circumstances indicating the

possibility of crime having been committed, including the unlawful taking of

personal property, which report causes or encourages the exercise of police

action or investigation, and any person violating the provisions hereof shall be

guilty of a felony punishable by a fine of not more than Fifteen Thousand

Dollars ($15,000), or by imprisonment for not more than three (3) years, or by

both such fine and imprisonment.§§ 590-640. Reserved

PART III

CRIMES AGAINST THE PERSON

CHAPTER 20

ASSAULT AND BATTERY

§ 641. Assault defined

An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt

to another.

§ 642. Battery defined

A battery is any willful and unlawful use of force or violence upon the person of another.

§ 643. Force against another not unlawful, when—Self-defense—Defense of property

To use or to attempt to offer to use force or violence upon or toward the person of another is not

unlawful in the following cases:

1. When necessarily committed by a public officer in the performance of any legal duty, or by any

other person assisting him or acting by his direction.

2. When necessarily committed by any person in arresting one who has committed any crime, and

delivering him to a public officer competent to receive him in custody.

3. When committed either by the party about to be injured, or by any other person in his aid or

defense, in preventing or attempting to prevent an offense against his person, or any trespass or

other unlawful interference with real or personal property in his lawful possession; provided the

force or violence used is not more than sufficient to prevent such offense.

4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or

teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or

scholar, provided restraint or correction has been rendered necessary by the misconduct of such

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent or

authorized agent or guardian, master or teacher, and the force or violence used is reasonable in

manner and moderate in degree.

5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier,

or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel

or other vehicle any passenger who refuses to obey a lawful and reasonable regulation prescribed

for the conduct of passengers, if such vehicle has first been stopped and the force and violence

used is not more than is sufficient to expel the offending passenger, with a reasonable regard to

his personal safety.

6. When committed by any person in preventing a person who is impaired by reason of mental

retardation or developmental disability, a mentally ill person,, insane person, or other person of

unsound mind, including persons temporarily or partially deprived of reason, from committing an

act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection

of his person or for his restoration to health, during such period only as shall be necessary to obtain

legal authority for the restraint or custody of his person.

§ 644. Assault or assault and battery—Punishment

A. Assault shall be punishable by imprisonment not exceeding thirty (30) days, or by a fine of not

more than Five Hundred Dollars ($500.00), or both, at the discretion of the Court.

B. Assault and battery shall be punishable by imprisonment not exceeding six (6) months, or by a

fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

C. Any person who commits any assault and battery against a current or former spouse, a present

spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a

person otherwise related by blood or marriage, a person with whom the defendant is or was in a

dating relationship, an individual with whom the defendant has had a child, a person who formerly

lived in the same household as the defendant, or a person living in the same household as the

defendant shall be guilty of domestic abuse. Upon conviction, the defendant shall be guilty of a

misdemeanor and punished by imprisonment for not more than one (1) year, or by a fine not

exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon

conviction for a second or subsequent offense, the person shall be guilty of a felony and punished

by imprisonment for not more than three (3) years, or by a fine not exceeding Fifteen Thousand

Dollars ($15,000.00), or by both such fine and imprisonment. The provisions of Section 51 of this

title shall apply to any second or subsequent offense.

D. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of

the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment for not more than

one (1) year.

E. Any person convicted of a second or subsequent offense of domestic abuse against a pregnant

woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment

for not more than three (3) years.

F. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have

not been officially codified. To ensure accuracy, anyone using this document should compare it to the official

amendments available at: https://cherokee.legistar.com/Legislation.aspx

the pregnancy and a miscarriage occurs or injury to the unborn child occurs shall be guilty of a

felony, punishable by imprisonment for not more than three (3) years.

G. Any person convicted of domestic abuse as defined in subsection C of this section that results in

great bodily injury to the victim shall be guilty of a felony and punished by imprisonment for not

more than three (3) years. The provisions of Section 51 of this title shall apply to any second or

subsequent conviction of a violation of this subsection.

H. Any person convicted of domestic abuse as defined in subsection C of this section that was

committed in the presence of a child shall be guilty of a misdemeanor and punished by

imprisonment for not less than six (6) months nor more than one (1) year, or by a fine not exceeding

Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted

of a second or subsequent domestic abuse as defined in subsection C of this section that was

committed in the presence of a child shall be guilty of a felony and punished by imprisonment for

not less than one (1) year nor more than three (3) years, or by a fine not exceeding Fifteen

Thousand Dollars ($15,000.00), or by both such fine and imprisonment. The provisions of Section

51 of this title shall apply to any second or subsequent offense.

I. For every conviction of any provision of this section, the court shall:

1. Specifically order as a condition of a suspended sentence or probation that a defendant

participate in counseling or undergo treatment to bring about the cessation of domestic abuse as

specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate in counseling or undergo treatment for

domestic abuse by an individual licensed practitioner or a domestic abuse treatment program. If

the defendant is ordered to participate in a domestic abuse counseling or treatment program, the

order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and after attendance of the program by a program

counselor or a private counselor. Three unexcused absences in succession or seven unexcused

absences in a period of fifty-two (52) weeks from any court-ordered domestic abuse counseling or

treatment program shall be prima facie evidence of the violation of the conditions of probation.

b. A program for anger management, couples counseling, or family and marital counseling shall

not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this

subsection. The counseling may be ordered in addition to counseling specifically for the treatment

of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance

at required counseling sessions, the domestic violence treatment program or licensed professional

determines that the defendant does not evaluate as a perpetrator of domestic violence or does

evaluate as a perpetrator of domestic violence and should complete other programs of treatment

simultaneously or prior to domestic violence treatment, including but not limited to programs

related to the mental health, apparent substance or alcohol abuse or

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been

officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments

available at: https://cherokee.legistar.com/Legislation.aspx

inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the

recommendations of the domestic violence treatment program or licensed professional;

The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion

of the court.

J. As used in subsection F of this section, “in the presence of a child” means in the physical presence of a

child; or having knowledge that a child is present and may see or hear an act of domestic violence. For

the purposes of subsections C and F of this section, “child” may be any child whether or not related to the

victim or the defendant.

K. For the purposes of subsections C and F of this section, any conviction for assault and battery against a

current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse,

parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the

defendant is or was in a dating relationship, an individual with whom the defendant has had a child, a

person who formerly lived in the same household as the defendant, or any person living in the same

household as the defendant, shall constitute a sufficient basis for a felony charge if that conviction is

rendered in any court of record.

L. Any plea of guilty or nolo contendere or a finding of guilt for a violation of any subsection of this section

shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under

which the existence of a prior conviction is relevant for a period of ten

(10) years following the completion of any court imposed probationary term; provided, the person has

not, in the meantime, been convicted of a misdemeanor involving moral turpitude or a felony.

M. For purposes of subsection F of this section, “great bodily injury” means bone fracture, protracted and

obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental

faculty, or substantial risk of death.

§ 645. Assault, battery, or assault and battery with a dangerous weapon punishment

Every person who with intent to do bodily harm and without justifiable or excusable cause, commits any

assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon,

or who, without such cause, shoots at another with any kind of firearm or air gun or other means whatever,

with intent to injure any person, although without the intent to kill such person or to commit any felony,

upon conviction shall be guilty of a felony punishable by imprisonment not exceeding three (3) years.

§ 646. Aggravated assault and battery defined

A. An assault and battery becomes aggravated when committed under any of the following circumstances:

1. When great bodily injury is inflicted upon the person assaulted; or

2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated,

as defined in 21 CNCA § 641.

B. For purposes of this section "great bodily injury" means bone fracture, protracted and obvious

disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been

officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments

available at: https://cherokee.legistar.com/Legislation.aspx

substantial risk of death.

§ 647. Punishment for aggravated assault and battery

Aggravated assault and battery shall be a felony punishable by imprisonment for a period not to exceed

three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both such fine

and imprisonment.

§ 648. Definitions

A. "Dog handler" means any police officer or peace officer who has successfully completed training in the

handling of a police dog as established by the policy or standard of the law enforcement agency employing

said officer.

B. "Police dog" means any dog used by a law enforcement agency of this Nation or political subdivision of

this Nation which is especially trained for law enforcement work and is subject to the control of a dog

handler.

C. "Police horse" means any horse which is used by a law enforcement agency of this Nation or political

subdivision of this Nation for law enforcement work.

D. "Police officer," "police" or "peace officer" means any duly appointed person who is charged with the

responsibility of maintaining public order, safety, and health by the enforcement

of all laws, ordinances or orders of this Nation or any of its political subdivisions and who is authorized

to bear arms in execution of his responsibilities.

§ 649. Assault, battery or assault and battery upon police officer or other peace officer— Penalties

A. Every person who, without justifiable or excusable cause, knowingly commits any assault upon the person

of an officer of the Cherokee Nation Marshal Service, police officer, sheriff, deputy sheriff, highway

patrolman, corrections personnel, or other Nation peace officer commissioned by any Nation, state or

federal governmental agency to enforce Nation laws while said officer is in the performance of his or her

duties is upon conviction, guilty of a crime, punishable by imprisonment not exceeding six (6) months,

or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

B. Every person who, without justifiable or excusable cause knowingly commits battery or assault and

battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections

personnel, or other Nation peace officer employed by any Nation governmental agency to enforce Nation

laws while said officer is in the performance of his duties, upon conviction, is guilty of a felony punishable

by imprisonment of not more than three (3) years, or by a fine not exceeding Fifteen Thousand Dollars

($15,000.00), or by both such fine and imprisonment.

C. As used in this section and in 21 CNCA § 650, "corrections personnel "means any person, employed

by the Nation or by a political subdivision, who has direct contact with inmates of a jail or Nation

correctional facility, and includes but is not limited to, penal institution employees in job classifications

requiring direct contact with inmates, persons providing vocational-technical training to inmates,

education personnel who have direct contact with inmates because of education programs for inmates,

and persons employed by county or municipal jails to supervise inmates or to provide medical treatment

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been

officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments

available at: https://cherokee.legistar.com/Legislation.aspx

or meals to inmates of jails.

§ 649.1. Certain acts against police dog or police horse prohibited—Penalties

A. No person shall willfully torture, torment, beat, mutilate, injure, disable, or otherwise mistreat a police

dog or police horse owned, or the service of which is employed, by a law enforcement agency of the

Nation or political subdivision of the Nation.

B. No person shall willfully interfere with the lawful performance of any police dog or police horse.

C. Except as provided in subsection (D) of this section, any person convicted of violating any of the

provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not

exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding one (1) year, or by both

such fine and imprisonment.

D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions

of this section, during the commission of a crime shall be guilty of a felony, punishable by the imposition

of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding two (2)

years, or by both such fine and imprisonment.

§ 649.2. Killing police dog or police horse—Penalties

A. No person shall willfully kill any police dog or police horse owned, or the service of which is employed,

by a law enforcement agency of the State of Oklahoma, federal government, Nation or a

political subdivision of the State of Oklahoma, federal government or Nation.

B. Except as provided in subsection (C) of this section, any person convicted of violating the provisions of

this section is guilty of a crime.

C. Any person who knowingly and willfully and without lawful cause or justification violates the provisions

of this section during the commission of a crime shall be guilty of a crime, punishable by imprisonment

not exceeding six (6) months, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such

fine and imprisonment.

§ 650. Aggravated assault and battery upon peace officer

A. Every person who, without justifiable or excusable cause, knowingly commits any aggravated assault and

battery upon the person of a marshal, police officer, sheriff, deputy sheriff or highway patrolman,

corrections personnel as defined in 21 CNCA § 649, or any state, federal or Nation peace officer employed

by any Nation governmental agency to enforce Nation laws, while said officer is in the performance of

his duties, shall upon conviction thereof be guilty of

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